MEERA DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) The original application is against the action of the respondents whereby they have not renewed the contract period of the applicant for the period 2004 -2005 for the post of part time water carrier in Govt. Primary School, Upper Dagraun, P.O. Kashmaila, and District Mandi. H.P. It is therefore, prayed that the respondents may be directed to allow the applicant to continue as Part Time Water Carrier without any interruption and respondents especially Smt. Parwati Devi, Pradhan of Gram Panchayat, respondent No. 4 be directed to renew the contract period of the applicant with all consequential benefits.

(2.) The respondents No. 1 and 2 admitted that name of the applicant was approved by the Government under clause 12 of the Policy for appointment as part time water carrier in Govt. Primary School, Upper Dagraun, Gopalpur Block, District Mandi., On the approval of the Government the Deputy Director, Primary Education, respondent No. 2 had requested the Pradhan i.e. respondent No. 4 to issue appointment letter in favour of the applicant because as per clause 12 of the policy dated July 27,2001 the appointment of the selected part time water carrier had to be made on contractual basis by the employer Gram Panchayat, Urban Local Body, after executing proper agreement between the candidate selected for appointment. It is also averred that contract for the year 2004 -2005 had to be renewed by the respondent No. 4 and necessary direction may be issued.

(3.) The contesting respondent No. 4 i.e. Pradhan has raised preliminary objection that villagers of Dagraun and Upper Dagraun had made complaint against the renewal of the contract. The meeting of the Panchayat was held to discuss the subject i.e. renewal of the contract and it was decided on May 7,2004 not to renew the contract period of the applicant on the protest of the villagers, thus, the original application is liable to be dismissed. On merits, also, it is averred that the applicant does not fall in any of the categories as mentioned in Rule 12. The applicant has manipulated to get the job of part time water carrier by misrepresenting the facts.