INDER DEV Vs. STATE OF HP AND ORS.

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment dated 15.10.2012, made by the learned Single Judge of this Court in CWP(T) No. 12690 of 2008, titled Sh. Vinod Kumar versus State of H.P. and others, whereby the writ petition came to be allowed and the selection and appointment of the respondent-appellant herein was quashed with direction to the State-respondents No. 1 to 3 in the writ petition to consider the case of the writ petitionerrespondent No. 7 herein for appointment, for short "the impugned judgment", on the grounds taken in the memo of appeal.

(2.) It appears that the Government of Himachal Pradesh framed the Recruitment Scheme for the appointment of Part-Time Water Carriers in the Schools of Education Department, hereinafter referred to as "the Scheme" for short. Clause 12 of the said Scheme deals with the appointment on compassionate grounds. It is apt to reproduce Clause 12 of the said Scheme herein:

(3.) The contest for the post of Part Time Water Carrier was in between the writ petitioner, namely, Vinod Kumar and respondent Inder Dev-appellant herein. The appellant herein came to be appointed by the authorities concerned as Part time Water Carrier and writ petitioner-appellant herein sought quashment of his appointment by the medium of Original Application No. 275 of 2005 before the State Administrative Tribunal, hereinafter referred to as "the Tribunal, for short". The said Original Application came to be disposed of by the Tribunal by treating the same as representation and the Principal Secretary (Education)-respondent No. 1 was directed to consider the representation and dispose of the same within two months from the date of receipt of the copy of order.