Himachal Pradesh High Court
Sh. Suman Lal vs State Of Himachal Pradesh on 13 October, 2022
Bench: Sabina, Sushil Kukreja
1 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 13th DAY OF OCTOBER, 2022 BEFORE .
HON'BLE MS. JUSTICE SABINA & HON'BLE MR. JUSTICE SUSHIL KUKREJA CIVIL WRIT PETITION No. 7143 of 2022 Between:-
SMT. PUNU DEVI, W/O LATE SH. SUMAN LAL, RESIDENT OF VILLAGE AND POST OFFICE-SAINJ, TEHSIL SAINJ, DISTT. KULLU, H.P. r .... PETITIONER (BY MR. J.P. SHARMA, ADVOCATE) AND
1. STATE OF HIMACHAL PRADESH THROUGH PRINCIPAL SECRETARY EDUCATION, SHIMLA, H.P.
2. THE DIRECTOR OF ELEMENTARY EDUCATION, HIMACHAL PRADESH, SHIMLA.
3. THE DEPUTY DIRECTOR OF ELEMENTARY EDUCATION, KULLU, DISTT.KULLU, HIMACHAL PRADESH.
4. CHAIRMAN CUM SUB DIVISIONAL OFFICER (CIVIL), BANJAR, DISTT. KULLU, H.P.
5. BLOCK ELEMENTARY EDUCATION OFFICER, KULLU-1 (BANJAR), DISTT.
KULLU, H.P. ::: Downloaded on - 14/10/2022 20:03:50 :::CIS 2
6. SCHOOL MANAGEMENT COMMITTEE THROUGH ITS PRESIDENT GOVERNMENT PRIMARY SCHOOL SAINJ, TEHSIL SAINJ, DISTRICT KULLU, H.P. .
7. SMT. AMARA DEVI W/O BHUMI CHAND, R/O VILLAGE SAINJ, POST OFFICE-SAINJ, TEHSIL SAINJ, DISTRICT KULLU, H.P. .... RESPONDENTS (BY MR. ASHAWANI SHARMA, ADDITIONAL ADVOCATE GENERAL, FOR R-1 TO R-5) This petition coming on for admission this day, Hon'ble Ms. Justice Sabina, passed the following:
r ORDER Petitioner has filed the petition under Article 226 of the Constitution of India, seeking following reliefs: -
"a. To quash and set aside the appointment of the respondent No.7 as Multi Task Worker in the Govt. Primary School, Sainj, Tehsil Sainj, District Kullu, H.P. b. To appoint the petitioner in the post of part time Multi Task Worker, in Govt. Primary School, Sainj, Tehsil Sainj, District Kullu, H.P. as per the policy (Annexure- P-1).
c. To quash the merit list and final result Annexure-P-16 and P-17 on the basis of which appointment of the respondent no.7 was made;
d. To quash the letter Annexure-P-15 qua the fresh inquiry;
e. To quash the appointment of the respondent no.7 in view of inquiry report and take appropriate action against the erring official."::: Downloaded on - 14/10/2022 20:03:50 :::CIS 3
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 23rd 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), Kullu, District Kullu, 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 ::: Downloaded on - 14/10/2022 20:03:50 :::CIS 4 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 (ADM), Kullu, District Kullu, 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 October 13, 2022 (ravinder) ::: Downloaded on - 14/10/2022 20:03:50 :::CIS