IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.1357 of 2022 Date of Decision: 18.09.2025 __________________________________________________________ Kanta Devi …….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. Subhash Mohan Snehi and Ms. Bhavinta Kumari, Advocates. For the Respondents: Mr. Anup Rattan, Advocate General, with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for State, for the respondent-State. Ms. Hem Lata Sharma, President of SMC, present in person. __________________________________________________________ Sandeep Sharma, Judge(oral): While placing on record communication dated 16.09.2025, issued under the signatures of Director of Higher Education, Himachal Pradesh, Mr. Ravi Chauhan, learned Deputy Advocate General, states that as per information received from President of the School Management Committee, Government Senior Secondary School Nanhar, District Shimla, Himachal Pradesh, services of the petitioner cannot be continued due to lack of funds. He states that meeting of School Management Committee was convened on 12.09.2025, wherein 1Whether the reporters of the local papers may be allowed to see the judgment? -2- it was decided that there is no need of Sweeper on account of availability of one regular peon. 2. Smt. Hem Lata Sharma, who happens to be President of School Management Committee, has come present in Court. She states that prior to year 2021, petitioner herein had been working as Sweeper and she used to perform cleaning work for one hour everyday, but since at that time there was a good strength of the students, School Management Committee/PTA of that time was able to pay sum of Rs.1500/- per month to the petitioner, but now, strength of the students has decreased, coupled with the fact that School Management Committee does not have sufficient funds and as such, it has decided not to continue the service of the petitioner, who otherwise stands discontinued w.e.f year 2021. 3. Since it is quite apparent from the pleadings as well as other material adduced on record that in year 2010, petitioner was engaged as Part time Sweeper by the then PTA and she was paid out of the funds collected from the parents of the students studying in the school, coupled with the fact that there is no sanctioned post of Sweeper in the school, rather Sweeper has been declared to be dying cadre, there appears to be no justification to direct the respondents to regularize the petitioner against the post of Sweeper. Similarly since it is not in dispute, rather stands proved from the documents adduced on record by the respondents that the petitioner was engaged by School Management -3- Committee/PTA in year 2010 and now, on account of availability of regular peon, there is no requirement of Sweeper, no direction can be issued to the School Management Committee to reengage the petitioner. 4. Though reply filed by the respondents No.1 to 4 suggests that services of the petitioner will be continued from the next academic session with the consent of SMC/PTA, but as has been noticed hereinabove School Management Committee, vide resolution dated 12.09.2025, has decided not to take the services of the petitioner as strength of the students in question has decreased. President present in Court states that in case strength of the students increases in next academic session, School Management Committee shall reconsider its decision to reengage the petitioner. 5. Consequently, in view of the above, present petition is disposed of with the observation that in case School Management Committee desires to engage Sweeper in the school in next academic session, preference shall be given to the petitioner on account of the fact that she has already rendered more than ten years of service on Part- time basis in the school in question. Pending application(s), if any, stand disposed of. (Sandeep Sharma), Judge September 18, 2025 (sunil)