LAWS(HPH)-2013-4-77

ANIL KUMAR Vs. PRAMODH SINGH

Decided On April 08, 2013
ANIL KUMAR Appellant
V/S
Pramodh Singh Respondents

JUDGEMENT

(1.) HEARD counsel for the parties. Rule. Rule made returnable forthwith. Counsel for the respondent waive notice. By consent, taken up for final disposal forthwith.

(2.) THIS petition takes exception to the judgment of the H.P. State Administrative Tribunal, Shimla, Bench at Dharmshala dated 24.8.1997 in O.A. (D) No. 266/97.

(3.) THE respondent No.3, however, filed the Original Application before the Tribunal to challenge the selection process as well as the appointment of the petitioner as Part Time Water Carrier. The Tribunal inspite of having noticed the decision of the Apex Court in the case of Durga Devi Vs. State of H.P. AIR 1997 SC 2618, went on to allow the Original Application on the sole ground that the scheme formulated by the State Government, Annexure A-5, which was on record before it, was applicable to the case in hand. In that, it was the policy of the Government to treat the appointment made on contract basis to be deemed against regular Part Time Water Carrier posts. That is the sole reason recorded by the Tribunal to allow the Original Application filed by respondent No.1 and to set aside the appointment of the petitioner against regular post of Part Time Water Carrier.