IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.967 of 2021 Date of Decision: 22.08.2025 _______________________________________________________ Prem Singh …….Petitioner Versus State of Himachal Pradesh & Ors. … Respondents Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Rupesh Kumar, Advocate. For the Respondent: Mr. Anup Rattan, Advocate General, Mr. Vishal Panwar & Mr. B.C. Verma, Additional Advocates General with Mr. Ravi Chauhan, Deputy Advocate General. ____________________________________________________ Sandeep Sharma, Judge(oral): Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Rupesh Kumar, learned counsel representing the petitioner, is that though family of the petitioner had donated land to the Education Department for the establishment of GPS Rajhol with clearcut understanding that petitioner shall be given appointment as Water Carrier, but till date he has not been given regular appointment. It has been submitted on 1Whether the reporters of the local papers may be allowed to see the judgment? 2 behalf of the petitioner that since school has been shifted from the land of the petitioner to Kangoo, land which was utilized for GPS Rajhol ought to have been returned to the petitioner for the fact that no appointment was provided to him. 2. Having carefully perused pleadings adduced on record by the respective parties reveals that PTA Committee of GPS Rajhol, District Hamirpur, vide resolution No. 2 dated 06.03.2000, decided to appoint a person as Water Carrier for maintenance, to look after and carrying water in the school. Vide resolution No. 3 dated 11.04.2004, the PTA Committee of the School appointed the petitioner as Water Carrier without any honourarium, till his appointment is made by the department. Since there was no sanctioned post of Water Carrier in GPS Rajhol, matter was taken up with the department but before final decision, if any, could be taken with regard to same, GPS Rajhol came to be merged with nearby GPS Kangoo, District Hamirpur, as enrollment in GPS Rajhol was below five students. The land, on which the GPS Rajhol was situated, was handed over to the Gram Panchayat of the area concerned and the services of the petitioner were terminated as they were no longer required at GPS Rajhol and as such, nothing remains to be adjudicated in the instant proceedings. 3 3. Since it is an admitted fact that vide Resolution dated 11.04.2004, PTA Committee of GPS Rajhol had appointed the petitioner as Water Carrier without any honourarium, till his appointment was made by the department, coupled with the fact that appointment of the petitioner was never regularized by the Department, rather before such exercise could take place, GPS Rajhol, came to be merged with nearby GPS Kangoo, District Hamirpur, there appears to be merit in the contention of Mr. Vishal Panwar, learned Additional Advocate General, that on account of non-availability of Water Carrier in GPS Kangoo, there was no requirement, if any, to appoint the petitioner, especially when it is not in dispute that prior to merger of the school, petitioner was working as Water Carrier at GPS Rajhol without any honorarium. 4. While referring to the reply filed by the respondents, Mr. Vishal Panwar, learned Additional Advocate General, states that since GPS Rajhol already stands merged with GPS Kangoo and the land donated by the petitioner has been handed over to Gram Panchayat Rajhol, respondent-department shall have no objection in case land is reverted back to the petitioner. 5. Consequently, in view of the above, present petition is disposed of with a direction to the Gram Panchayat Rajhol to 4 handover the land donated by the petitioner for the purpose of establishment of school to him forthwith, enabling him to use the same for his own benefit. Pending applications, if any, stands disposed of. (Sandeep Sharma), Judge August 22, 2025 (Sunil)