(1.) PETITIONER is the appellant. He approached this Court challenging the appointment of the private respondent as part time Water Carrier. According to the petitioner, he being handicapped and otherwise more meritorious should have been considered in preference to the private respondent, who does not have the handicaps as the petitioner has. The original application was filed in the year 1997. When the matter came up for hearing before this Court after the H.P. State Administrative Tribunal's abolition, this Court taking note of the fact that the private respondent has since been promoted and made full time, declined to go into the merits of the challenge. In the above circumstances, the only submission of the petitioner is that since he has been pursuing his challenge since 1997 and admittedly and in any case, the petitioner was the next in the list to be appointed at the relevant time, he may be appointed as part -time Water Carrier in the post vacated by the private respondent. There is no dispute to the fact that the private respondent happened to be appointed only because he was older in age and the merit was equal between the private respondent and the petitioner.
(2.) HAVING regard to the entire facts and circumstances of the case, particularly the fact that the litigation was being pursued from the year 1997 and taking note of the further fact that the Court has not considered the matter on merits and the further fact that there is a post of part -time Water Carrier available in the school and still further the fact that the petitioner was found equally meritorious for the appointment at the relevant time, we are of the view that it is only in the interest of equity and justice that the petitioner be appointed in the vacant post. It is ordered accordingly. The judgment of the learned Single Judge will stand modified to the above extent. The appeal stands disposed of. The order shall be passed by the Authority concerned within a month from the date of production of a copy of this judgment by the petitioner before the Deputy Director, Elementary Education.