Himachal Pradesh High Court
Narender Singh vs State Of Himachal Pradesh on 28 September, 2022
Bench: Sabina, Sushil Kukreja
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 28th DAY OF SEPTEMBER, 2022
BEFORE
.
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SUSHIL KUKREJA
CIVIL WRIT PETITION No.4786 of 2022
Between:-
NARENDER SINGH, S/O SH JEEVAN
SINGH, R/O VILLAGE KATHMALI,
P.O. JAMUKOTI, TEHSIL DADAHU,
DISTRICT SIRMOUR, H.P. (WARD
NO.5)
......PETITIONER
(BY MR. PARVEEN CHANDEL,
ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY
(EDUCATION) TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA-2.
2. DIRECTOR ELEMENTARY
EDUCATION, HIMACHAL PRADESH,
SHIMLA-1.
3. DEPUTY DIRECTOR OF
ELEMENTARY EDUCATION,
NAHAN, DISTRICT SIRMOUR, H.P.
HIMACHAL PRADESH.
4. SUB- DIVISIONAL MAGISTRATE,
NAHAN DISTRICT SIRMOUR H.P.
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2
5. BLOCK ELEMENTARY EDUCATION
OFFICER, DADAHU, DISTRICT
SIRMOUR, H.P.
6. BLOCK DEVELOPMENT OFFICER,
SANGRAH, DISTRICT SIRMOUR,
.
H.P.
7. PANCHAYAT SECRETARY GRAM
PANCHAYAT JAMUKOTI, SIRMOUR,
UNDER BLOCK DEVELOPMENT
OFFICE SANGRAH, DISTRICT
SIRMOUR, H.P
8. KULDEEP SINGH, S/O SH SOHAN
SINGH, R/O VILLAGE LATHIYANA,
WARD NO 3, PO JAMMU KOTI,
TEHSIL DADHU, DISTRICT
SIRMOUR, H.P
9. RADHA DEVI, WD/O SH DEEP RAM,
R/O VILLAGE TALHAIRA, WARD NO
2 TIKRI, PO JAMMU KOTI, TEHSIL
DADHU, DISTRICT SIRMOUR, HP.
......RESPONDENTS
(MR. ASHWANI SHARMA, ADDITIONAL
ADVOCATE GENERAL, FOR R-1 TO 7
MR. HIRDAYA RAM, ADVOCATE, FOR
R-8)
This petition coming on for orders 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 substantive relief(s):-
::: Downloaded on - 29/09/2022 20:04:59 :::CIS 3"i) That the Writ of Certiorari or any other appropriate writ may kindly be issued to quash the Merit List qua Respondents Nos. 8 and 9.
ii) That writ of certiorari or any other appropriate writ may .
kindly be issued to quash the appointment letter.
(Annexure P-6)
iii) That the Writ of Mandamus may kindly be issued to the Respondents directing them not to issue the appointment/joining letter to respondent No.8 and for the post of Part Time Multi Task Worker at Government Primary School Kathmali, Block Dadahu, District Sirmour, H.P. Himachal Pradesh.
iv) That the respondents may be directed to declare the petitioner as selected candidate and further directed to issue the appointment letter in favour of petitioner for the post of Part Time Multi Task Worker at Government Primary School Kathmali, Block Dadahu, District Sirmour, H.P. Himachal Pradesh"
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 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, Sirmour at Nahan, H.P., by way of an appeal within 15 days from today and the same ::: Downloaded on - 29/09/2022 20:04:59 :::CIS 4 should not be rejected by the competent authority on the ground that it is time barred as the Rule 19 has been incorporated on 25 th August, 2022.
3. Rule-19, provide vide Addendum dated 25 th August, 2022, .
reads as under:-
"ADDENDUM In partial modification of this Department's Notification No.EDN-C-B(1)2/2019 dated16th 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 ::: Downloaded on - 29/09/2022 20:04:59 :::CIS 5 for the petitioner, we deem it appropriate to dispose of the writ petition by permitting the petitioner to approach Additional District Magistrate, Sirmour at Nahan, 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 28, 2022 (reena) ::: Downloaded on - 29/09/2022 20:04:59 :::CIS