Himachal Pradesh High Court
Smt. Khimi Devi vs . State Of H.P. & Others on 5 May, 2022
Author: Tarlok Singh Chauhan
Bench: Tarlok Singh Chauhan
Smt. Khimi Devi Vs. State of H.P. & others CWPOA No. 168 of 2019 .
5.5.2022 Present: Ms. Anaida Kuthiala, Advocate, for the petitioner.
Mr. Rajinder Dogra, Sr. Addl. A.G. with Mr. Vinod Thakur, Addl. A.G. and Mr. Rajat Chauhan, Law Officer, for the respondents State.
Ms.Vandana, Advocate vice Mr. Surinder Saklani, Advocate, for respondent No. 5.
On 21.4.2022, this Court passed the following order:
"The instant petition has been filed for the grant of following relief(s):
i) That the impugned appointment of respondent No. 5 Smt. Kamla Devi as Water Carrier in Govt. Primary School, Naun by the respondents No. 1 to 3 be quashed and set aside.
ii) That the respondents No. 1 to 3 be directed to make the appointment of the applicant as Water Carrier in Govt. Primary School, Naun, after adopting proper and legal procedure as envisaged in various guidelines issued from time to time by the respondent No. 1State.
iii) That the respondent No. 4 be directed to allow the applicant Smt. Khimi Devi to join as Water Carrier at Govt. Primary School, Shala in accordance with her appointment letter dated 13.5.2002( Annexure A8)."
2. It is not in dispute that respondent No. 5 Smt. Kamla Devi has since retired after attaining the age of superannuation, therefore, the respondentsState could well consider the case of the petitioner for appointment.
3. Let instructions in this regard be obtained on or before the next date of hearing. List on 5.5.2022."
::: Downloaded on - 05/05/2022 20:09:01 :::CIS2. Learned Additional Advocate General has placed on record the instructions, which go to show .
that respondent No. 5 is still serving the department and is accordingly posted at Government Primary School, Devidarh and going to be superannuated in the year 2027.
3. That apart, it is also pointed out that petitioner is serving as Water Carrier at Government Primary School, Shalla since 13.5.2022 and cannot be transferred or posted at Government Primary School, Naun, as there is no policy of transfer for Water Carriers.
4. Confronted with this, learned counsel for the petitioner prays for and is granted two weeks' time to obtain further instructions in the matter. List on 26.5.2022.
(Tarlok Singh Chauhan) Judge May 5, 2022 (Kalpana) ::: Downloaded on - 05/05/2022 20:09:01 :::CIS