Himachal Pradesh High Court
Anil Kumar vs State Of Himachal Pradesh on 30 September, 2022
Bench: Sabina, Sushil Kukreja
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 30th DAY OF SEPTEMBER, 2022
BEFORE
.
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SUSHIL KUKREJA
CIVIL WRIT PETITION No. 4104 of 2022
Between:-
ANIL KUMAR,
SON OF LATE SHRI AMAR SINGH,
RESIDENT OF VILLAGE KURAYA,
POST OFFICE KYARI GUNDAHAN,
TEHSIL SHILLAI, DISTRICT SIRMOUR,
H.P.
....PETITIONER
(BY Mr. HIRDAYA RAM, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH ITS PRINCIPAL SECRETARY
(EDUCATION) TO THE GOVERNMENT
OF HIMACHAL PRADESH.
2. DIRECTOR ELEMENTARY EDUCATION
HIMACHAL PRADESH LALPANI,
SHIMLA, H.P.
3. DEPUTY DIRECTOR ELEMENTARY
EDUCATION SIRMOUR AT NAHAN,
HIMACHAL PRADESH.
4. BLOCK ELEMENTARY EDUCATION
OFFICER ,BAKRASH, DISTRICT
SIRMOUR, HIMACHAL PRADESH
5. SUB-DIVISIONAL OFFICER (CIVIL)
SHILLAI, DISTRICT SIRMOUR, H.P.
6. NARENDER
S/O SHRI JAGAR SINGH, RESIDENT OF
VILLAGE DURECH, POST OFFICE
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KAYARI GUNDAHAN, TEHSIL SHILLAI,
DISTRICT SIRMOUR, H.P.
...RESPONDENTS
.
MR. ASHWANI SHARMA, ADDITIONAL
ADVOCATE GENERAL FOR R-1 to 5
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) To quash and set aside Annexure P-1 and Annexure P-3 i.e. Part Time Multi Task Policy, 2022 and Clarification dated 24.05.2022.
ii) To direct respondent No.5 to inquire into the income certificate and BPL Certificate issued to respondent No.6 and quash and set-aside their income certificate and BPL certificate of respondent No.6.
iii) To direct respondent No.5 to cancel the income certificate of the petitioner i.e. Annexure P-7 and reissue the income certificate after inquiry of the actual financial position of the petitioner.
iv) To extend date of submission of applications for the post of Part Time Multi Task Worker in view of the Changing of Rules of Games in the Middle of the selection process so that the petitioner and other eligible applications/candidates may get equal opportunity of applying for the post of Part Time Multi Task Worker alongwith required documents as clarified vide Annexure P-3 in case Annexure P-1 and Annexure P-3 is not quashed and set aside in the interest of justice."
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 ::: Downloaded on - 01/10/2022 20:03:31 :::CIS 3 selection/appointment. In the present case, the result was declared in the month of June/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), Sirmour at Nahan, District Sirmour, H.P., 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: -
"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."
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by permitting the petitioner to approach Additional District Magistrate (ADM), Sirmour at Nahan, District Sirmour, H.P., 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.
(Sabina) Judge (Sushil Kukreja ) Judge September 30, 2022 (ravinder) ::: Downloaded on - 01/10/2022 20:03:31 :::CIS