SURJIT SINGH S/O SH. KULWANT SINGH, R/O VILL. DHAR BHAROOND, P.O. DADUN, TEHSIL NURPUR, DISTRICT KANGRA (H.P.) Vs. STATE OF HIMACHAL PRADESH THROUGH SECRETARY (EDUCATION) TO THE GOVT. OF H.P. SHIMLA AND ORS.

JUDGEMENT

(1.) THE petitioner in this case has challenged the appointment of respondent No. 6 as Part -time Water Carrier in Govt. Primary School, Dhar, Centre Pathiar, Education Block, Nurpur mainly on the ground that before her employment as Part -time Water Carrier she was already working as Mid Day Meal Worker and getting salary of Rs. 1,000/ - per month and therefore, was ineligible for being appointed. We had called for the replies of the Pradhan, President of the School Management Committee and the Centre Head Teacher and they have now all admitted that in fact the private respondent was working as Mid Day Meal Worker. As far as the Centre Head Teacher is concerned he has stated that prior to the filing of the petition he was unaware of this fact since he works in some other school. As far as the Pradhan of the Gram Panchayat and the President of the School Management Committee are concerned according to them they had issued the non -employment certificate and also given marks for non -employment to respondent No. 6 because they were under the impression that employment as Mid Day Meal Worker is not a Government service or Civil employment.

(2.) ONE of the issues involved in this case is whether the certificates issued by the Pradhan of Gram Panchayat and the Pradhan of the School Management Committee to the effect that no family member of respondent No. 6 is in employment are correct or not. Admittedly, respondent No. 6 was working as Mid Day Meal Worker in Govt. Primary School, Dhar, Tehsil Jawali, District Kangra, H.P. The stand now taken is that this is not employment since only honorarium is paid to the Mid Day Meal Workers. Non -employment certificate which has been issued in the present case not only depicts that the person is unemployed but also shows that none of his/her family members is serving in any Government/Semi Government or other private job. Once the Pradhan of the Gram Panchayat or the President of the School Management Committee are aware that an individual is working as a Mid Day Meal Worker then even if they are not sure whether this amounts to civil employment or Govt. service or not they while issuing the certificate must indicate that the person is employed as a Mid Day Meal Worker or holds any other post for which honorarium is paid, such as, Anganwari Worker, etc. It shall be for the Selection Committee to decide whether this is a bar to employment or not but the certificate must indicate that the applicant to whom the certificate has been granted is doing some work and also indicate the nature of her/his work and the amount of salary/honorarium/stipend.

(3.) THE respondent No. 6 has made another submission. According to her, her husband Sh. Purshotam Singh donated land for setting up of the school and therefore, she should have been awarded some marks for donation of land.