LAWS(HPH)-2012-3-463

KARUNA SHANDIL Vs. STATE OF HIMACHAL PRADESH

Decided On March 13, 2012
Karuna Shandil Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) PETITIONER submitted an application for considering her candidature for the post of part -time water carrier in Government Primary School, Ganoti, Gram Panchayat, Malyana, Tehsil and District Shimla, Himachal Pradesh.

(2.) She was interviewed by the duly constituted Selection Committee. The name of the petitioner was duly recommended by the Selection Committee on 14th August, 2002. However, respondent No.4 did not issue appointment letter to the petitioner. Consequently, the petitioner filed Original Application bearing No.3032 of 2002 before the erstwhile learned Himachal Pradesh Administrative Tribunal for the redressal of her grievance and the same was allowed by the learned Tribunal on 26th August, 2003. Respondent No.4 was directed to appoint the petitioner as part -time water carrier in Government Primary School, Ganoti, Gram Panchayat, Malyana. However, the fact of the matter is that despite judgment dated 26th August 2003 passed by the learned Tribunal, the petitioner was not offered appointment by respondent No.4. The petitioner was constrained to file contempt petition before the learned Tribunal. The same was disposed of on 17th August, 2004. Respondent No.4 had undertaken before the learned Tribunal to issue appointment letter to the petitioner. In view of this, the learned Tribunal had directed the respondent no.4 to issue appointment letter to the petitioner within a week. Consequently, the petitioner was appointed as part -time water carrier in Government Primary School, Ganoti on 19th August, 2004. The grievance of the petitioner, in a nutshell, is that she was required to be offered appointment letter on 23rd August, 2002 and not 19th August, 2004. I have heard learned counsel for the parties and gone through the pleadings carefully.