PRITAM SINGH S/O SH. NIKKU RAM R/O VILLAGE MUKAI, P.O. JEJWIN, TEHSIL JHANDUTTA, DISTT. BILASPUR, H.P. Vs. STATE OF H.P. THROUGH SECRETARY EDUCATION TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA-2,

JUDGEMENT

(1.) THE grievance of the petitioner is that since respondent No. 4 has been appointed as regular part -time water carrier and there is none to do the duty of sweeper in the school, the respondent be directed to regularize the service of the petitioner and to appoint him as a whole time sweeper. The admitted facts are that from 30th November, 1992 the petitioner was working as part time sweeper/water carrier at Govt. Senior Secondary School, Kalal, District Bilaspur. He was appointed by the Parents Teacher Association at Rs. 200/ - per month. In 2003 a certificate was issued by the Principal of the school that the petitioner has worked for more than 10 years. The salary of the petitioner in 2004 was increased from Rs. 200/ - to Rs. 500/ -. The petitioner had also applied for the post of water carrier but he was not selected.

(2.) WE called for the record and we find that the selection of respondent No. 4 cannot be said to be invalid. At the same time we cannot be oblivious to the fact that the petitioner has worked as part -time worker for more than 20 years. It may be true that he has worked on part time basis and was employed by the Parents Teacher Association but the fact remains that he has worked for 20 years. An employee who worked for 20 years has genuine expectation that over a period of time he would be regularized. Without going into the merits of the case and without making this case a precedent, keeping in view the peculiar facts and circumstances of the case we direct that in case the work of sweeper or any other work of similar nature is available in the school then it is the petitioner alone who shall be offered appointment against the said post and such post shall not be given to any other person. The petition is disposed of accordingly. No costs.