LAWS(HPH)-2012-1-190

SUNIL DUTT SON OF SH. RAGHUVIR DUTT, RESIDENT OF VILLAGE LADHYANI, P.O. LEHRI SAREL, TEHSIL GHUMARWIN, DISTT. BILASPUR, H.P. Vs. STATE OF H.P. THROUGH SECRETARY (EDUCATION) TO THE GOVT. OF H.P. SHIMLA-2,

Decided On January 03, 2012
Sunil Dutt Son Of Sh. Raghuvir Dutt, Resident Of Village Ladhyani, P.O. Lehri Sarel, Tehsil Ghumarwin, Distt. Bilaspur, H.P. Appellant
V/S
State Of H.P. Through Secretary (Education) To The Govt. Of H.P. Shimla -2, Respondents

JUDGEMENT

(1.) THE appellant is the petitioner in the writ petition. The petitioner approached this Court praying for a direction to continue as part time water carrier at Government Primary School, Bhadsin claiming that he had been appointed under Clause 12 of the policy when the 4th respondent was terminated from service. The learned Single Judge found that the termination of the 4th respondent was illegal and the moment he has been taken back in service, the petitioner should be discontinued and thus disposed of the writ petition. Aggrieved, the present appeal is filed. During the pendency of the appeal it is pointed out that the private respondent has been promoted as whole time water carrier. If that be so, in the resultant vacancy of part time water carrier, since the petitioner had once been duly selected and appointed under Clause 12 of the policy as part time water carrier, the appellant -petitioner will be re -engaged as such. The needful shall be done within two weeks from the date of production of a copy of this judgment by the appellant.

(2.) THE appeal is disposed of, so also the pending applications, if any.