Himachal Pradesh High Court
Suresh Kumar vs The State Of Himachal Pradesh on 5 September, 2022
Bench: Sabina, Sushil Kukreja
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 5th DAY OF SEPTEMBER, 2022
.
BEFORE
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SUSHIL KUKREJA
CIVIL WRIT PETITION No. 5589 of 2022
Between:-
SURESH KUMAR, AGED 25 YEARS,
SON OF SHRI JHINCHU RAM,
RESIDENT OF VILLAGE RUPARI,
P.O. BAMTA, TEHSIL CHOPAL,
DISTRICT SHIMLA, H.P.
....PETITIONER
(BY MR. R.L.CHAUDHARY,
ADVOCATE)
AND
1. THE STATE OF HIMACHAL PRADESH
THROUGH ITS PRINCIPAL SECRETARY
(EDUCATION) TO THE GOVERNMENT
OF HIMACHALPRADESH171002.
2. THE DIRECTOR OF ELEMENTARY
EDUCATION, HIMACHAL
PRADESH, LALPANI, SHIMLA-
171001.
3. SELECTION COMMITTEE FOR APPOINTMENT
OF PART TIME MULTI TASK WORKER,
THROUGH ITS CHAIRMAN, SUB DIVISIONAL
OFFICER (CIVIL) CHOPAL, TEHSIL CHOPAL,
DISTRICT SHIMLA, H.P.
4. SHRI SURESH KUMAR SON OF
SHERU, RESIDENT OF VILLAGE
RUPARI, P.O. BAMTA, TEHSIL
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2
CHOPAL, DISTRICT SHIMLA, H.P.
PRESENTLY WORKING AS PART
TIME MULTI TASK WORKER IN
GOVERNMENT PRIMARY SCHOOL
.
RUPARI, P.O. BAMTA, TEHSIL
CHOPAL, DISTRICT SHIMLA. H.P.
5. SMT. PRIYA SHARMA,
WIDOW OF LATE AMIT SHARMA,
RESIDENT OF VILLAGE RUPARI,
P.O. BAMTA, TEHSIL CHOPAL,
DISTRICT SHIMLA, H.P.
PRESENTLY, WORKING AS PART
TIME MULTI TASK WORKER IN
GOVERNMENT MIDDLE SCHOOL
RUPARI, P.O. BAMTA, TEHSIL
CHOPAL, DISTRICT MANDI, H.P.
....RESPONDENTS
(MR. ASHOK SHARMA, ADVOCATE
GENERAL WITH MR. KUNAL THAKUR,
DEPUTY ADVOCATE GENERAL, FOR R-1 TO R-4)
This petition coming on for admission this day, Hon'ble
Ms. Justice Sabina, passed the following:
ORDER
Petitioner has filed the petition under Article 226 of the Constitution of India, seeking following reliefs:-
"i) That the writ in nature of certiorari may kindly be issued, quashing and setting aside the selection and appointment of Respondent No.4 to the post of Part Time Multi Task Worker in Government Primary School Rupari, P.O. Bamta, Tehsil Chopal, District Shimla, H.P. and appointment of Respondent No.5 to the post of Part Time Multi Task Worker in Government Middle School Rupari, P.O. Bamta, Tehsil Chopal, District Shimla, H.P. ::: Downloaded on - 05/09/2022 20:07:03 :::CIS 3
ii) That writ in the nature of mandamus may kindly be disused, directing the respondents to consider the disability of petitioner and award him 8 marks in terms .
of the policy.
iii). That writ in the nature of mandamus may kindly be issued, directing the respondents to give appoint to the petitioner to the post of Part Time Multi Task Worker in Government Primary School Rupari, P.O. Bamta, Tehsil Chopal District Shimla, H.P."
2. Learned counsel for the petitioner has submitted that now vide Addendum dated 25th August, 2022, Rule-19 has been added to the policy and as per the said rule, appeal can be filed before the Additional District Magistrate (ADM) of the district within 15 days of the selection/appointment. In the present case, the result was declared on 16th July, 2022. Hence, the petitioner would not be able to avail the benefit of newly added Rule-19. Learned counsel has further submitted that the petitioner will approach the Additional District Magistrate ADM), Shimla, District Shimla, by way of an appeal, within 15 days from today and the same should not be rejected by the competent authority on the ground that it is time barred as the Rule-19 has been incorporated on 25th August, 2022.
3. Rule-19, provided vide Addendum dated 25th August, 2022, reads as under:-
::: Downloaded on - 05/09/2022 20:07:03 :::CIS 4"ADDENDUM In partial modification of this Department's Notification No. EDN-C-B(1)2/2019 dated 16th July, .
2020 (as updated upto 11th March, 2022), the Governor, Himachal Pradesh is pleased to add "Rule- 19 Appellate Authority" in the Part Time Multi Task Workers Policy, 2020 as under:
19. Appellate Authority:
The appeal in respect of complaints relating to PTMTW selection/appointment etc. should be made to the Additional District Magistrate (ADM) of the district within 15 days of the selection/appointment. The appeal will be considered by the Additional District Magistrate (ADM) of the district and disposed off within 30 days from its receipt with suitable directions. If the complainant is not satisfied with the outcome, then he/she may file an appeal with the Director of Higher/Elementary Education, as the case may be, within 15 days from the decision of the Additional District Magistrate (ADM). The appellate authority may dispose off the appeal within 60 days after hearing the appellant.
By Order Devesh Kumar, IAS Pr. Secretary (Education) to the Government of Himachal Pradesh."
4. Keeping in view the submissions made by learned counsel for the petitioner, we deem it appropriate to dispose of the writ petition by permitting the petitioner to approach Additional District Magistrate ::: Downloaded on - 05/09/2022 20:07:03 :::CIS 5 (ADM), Shimla District Shimla, by way of an appeal, within 15 days from today and the said authority will dispose of the appeal in terms of Rule-19, provided vide Addendum dated 25th August, 2022.
.
5. It is clarified that the appeal filed by the petitioner would not be rejected on the ground of delay, but would be disposed of on merits.
Pending miscellaneous application(s), if any, also stand disposed of.
r (Sabina)
Judge
(Sushil Kukreja )
Judge
September 05, 2022
(ravinder)
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