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2021 Supreme(HP) 482

VIVEK SINGH THAKUR
Jagdish Kumar & Ors. – Appellant
Versus
State Of Himachal Pradesh & Ors. – Respondent


Advocates appeared:
A.K. Gupta, Advocate, Raju Ram Rahi, Advocate

JUDGMENT

Vivek Singh Thakur, J. - Petitioners have approached this Court for their induction on completion of 12 years of service as Water Guards (Jal Rakshaks) with three years experience of working with Pump Motors and Electrical accessories against the post of Pump Attendants on contractual basis, like other Water Guards, after striking down condition of educational qualification imposed by respondents for their such induction in erstwhile Department of Irrigation and Public Health now Jal Shakti Vibhag (JSV).

2. Undisputed facts in present case are that petitioners have been permitted to be appointed by concerned Gram Panchayats in the process of transfer of Rural Drinking Water Supply Scheme (RWSSs) after complying due process for operation and maintenance of water supply schemes below the storage tanks. Appointment of petitioners was made on the basis of recommendations of Selection Committee constituted by the Government after adopting a selection process based on interview and other parameters as per guidelines of transfer of operation and maintenance of Rural Water Supply Scheme to Panchyati Raj Institutions (PRIs). Vide notification/communication dated 17th July, 2019, (Ann

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