Himachal Pradesh High Court
Fakir Chand vs State Of H.P. Through Principal on 12 October, 2022
Bench: Sabina, Sushil Kukreja
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 12th DAY OF OCTOBER, 2022
BEFORE
.
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SUSHIL KUKREJA
CIVIL WRIT PETITION No.4503 of 2022
Between:-
FAKIR CHAND, AGED ABOUT 36
YEARS, SON OF SHRI BANKA RAM,
RESIDENT OF VILLAGE & P.O.
TANGNU, TEHSIL CHIRGAON,
DISTRICT SHIMLA, H.P.
....PETITIONER
(BY MR. ROHIT THAKUR, ADVOCATE
ON BEHALF OF MR. VIRENDER SINGH
RATHOUR, ADVOCATE)
AND
1. STATE OF H.P. THROUGH PRINCIPAL
SECRETARY (EDUCATION) TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA-171002.
2. DIRECTOR, ELEMENTARY
EDUCATION, HIMACHAL PRADESH,
LALPANI, SHIMLA-171001.
3. DEPUTY DIRECTOR, ELEMENTARY
EDUCATION, SHIMLA, DISTRICT
SHIMLA, H.P.
4. CHAIRMAN, SELECTION COMMITTEE,
PTMTW -CUM-SUB DIVISIONAL
OFFICER (CIVIL) ROHRU, DISTRICT
SHIMLA, H.P.
5. MEMBER SECRETARY, SELECTION
COMMITTEE PTMTW-CUM-BLOCK
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2
ELEMENTARY EDUCATION OFFICER
CHHOHARA, TEHSIL CHIRGAON,
DISTRICT SHIMLA, H.P.
.
6. MEMBER, SELECTION COMMITTEE
PTMTW-CUM PRESIDENT, SCHOOL
MANAGEMENT COMMITTEE,
GOVERNMENT PRIMARY SCHOOL
BANWARI, TEHSIL CHIRGAON,
DISTRICT SHIMLA, H.P.
7. BLOCK DEVELOPMENT OFFICER
DEVELOPMENT BLOCK
CHHOUHARA, DISTRICT SHIMLA, H.P.
8. SECRETARY, GRAM PANCHAYAT
TANGNU-JANGLIKH, DEVELOPMENT
BLOCK CHHOUHARA, DISTRICT
SHIMLA, H.P.
9. SMT. BANTA DEVI
WIFE OF LATE SHRI VIDYA
PRAKASH, RESIDENT OF VILLAGE
THAITWARI, P.O. TANGNU, TEHSIL
CHIRGAON, DISTRICT SHIMLA, H.P.
....RESPONDENTS
(MR. KUNAL THAKUR, DEPUTY
ADVOCATE GENERAL, FOR R-1 TO R-8)
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 relief(s):-
"i). That the impugned result-sheet (Annexure P-3) and list of selected candidates (Annexure P-6) with respect to selection of Respondent No.9 as Part Time Multi Task Worker in Government Primary School Banwari, ::: Downloaded on - 12/10/2022 20:03:05 :::CIS 3 Tehsil Chirgaon, District Shimla, H.P., may kindly be quashed and set aside.
ii) That the respondents may kindly be directed to .
award 8 marks to the petitioner as per Rule 7 of the Part Time Multi Task Worker Policy, 2020, under the head, 'Distance of School, as the petitioner is belonging to the same Ward' where the is situated and to give him appointment to the post of Part Time Multi Task Worker in Government Primary School Banwari, Tehsil Chirgaon, 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 in the month of June, 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.
::: Downloaded on - 12/10/2022 20:03:05 :::CIS 43. 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."::: Downloaded on - 12/10/2022 20:03:05 :::CIS 5
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 (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 merits.
r to not be rejected on the ground of delay, but would be disposed of on Pending miscellaneous application(s), if any, also stand disposed of.
(Sabina) Judge (Sushil Kukreja ) Judge October 12, 2022 (VH) ::: Downloaded on - 12/10/2022 20:03:05 :::CIS