HEM CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petitioner has claimed the following substantive relief: -

(2.) THE undisputed facts, as emerge from the record are that the petitioner was recommended for appointment as a Part Time Water Carrier by the respondents on 26.6.2004 but was kept out from the appointment by the Pradhan, Krishan Kumar, Gram Panchayat, Sawindhar. It is only after a protracted litigation, that the petitioner was allowed to join on 9.6.2009. Therefore, the only question, which arises for determination in this case is whether the petitioner can be considered to be deemed to have been appointed from the date of his recommendation i.e. from 30.6.2004, pursuant to the recommendation made by the respondents as per the order dated 26.6.2004 for all intents and purposes.

(3.) IN view of the exposition of the law referred to above, the petitioner is entitled to be treated as having been appointed as a Part Time Water Carrier at Government Primary School Alyas, Gram Panchayat, Sawindhar, Karsog -II, District Mandi from 30.6.2004, pursuant to the recommendation of the Government of H.P., as per order dated 26.6.2004 for the purpose of seniority. However, the entitlement of the petitioner for actual monetary benefits shall be only from 9.6.2009. In order to avoid any ambiguity, it is made clear that the petitioner shall be deemed to be appointed as Part Time Water Carrier from 30.6.2004 for all purposes, but from 30.6.2004 to 9.6.2009, the benefits shall only be notional and w.e.f. 9.6.2009, the petitioner shall be entitled to all monetary benefits.