Himachal Pradesh High Court
Kandagai vs State Of Himachal Pradesh on 26 September, 2022
Bench: Sabina, Sushil Kukreja
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 26th DAY OF SEPTEMBER, 2022
.
BEFORE
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SUSHIL KUKREJA
CIVIL WRIT PETITION No. 6031 of 2022
Between:-
PARVATI DEVI
W/O LATE.SH. RAMESH
CHAND R/O VILLAGE KANDA,
POST OFFICE
KANDAGAI,TEHSIL ANNI,
DISTRICT KULLU H.P
....PETITIONER
(BY MR. Y.P.S. DHAULTA),
ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH PRINCIPAL SECRETARY
(EDUCATION) TO THE GOVT. OF H.P.
SHIMLA-2.
2. DIRECTOR OF ELEMENTARY
EDUCATION, LALAPANI HIMACHAL
PRADESH, SHIMLA-1
3. BLOCK ELEMENTARY EDUCATION
OFFICER, ANNI, DISTRICT KULLU H.P.
4. THE CHAIRMAN SELECTION
COMMITTEE CUM-SDO (CIVIL) ANNI,
DISTRICT KULLU H.P.
5. THE PRESIDENT SCHOOL
MANAGEMENT COMMITTEE
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2
GPS KANDAGAI,TEHSIL ANNI,DISTRICT
KULLU H.P
6. PRIYANKA
W/O LATE SH. BALBIR VILLAGE BANGU
.
JHAKAR P.O POST OFFICE
KANDAGAI,TEHSIL ANNI, DISTRICT
KULLU H.P.
....RESPONDENTS
(MR. ANIL JASWAl, ADDITIONAL
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:-
"1. That the appointment as per the Final result sheet containing the selection list qua the respondent No.6 namely Pryanka at serial number 1 as (Annexure P-8) be quashed and set aside.
2 That the petitioner be appointed as Part Time Multi Task Worker at GPS Kandagai, Tehsil Anni, District Kullu, H.P.
3. That interview be held afresh for the post of PTMTW at GPS Kandagai, Tehsil anni, District Kullu, 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 ::: Downloaded on - 26/09/2022 20:07:37 :::CIS 3 4th 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 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 - 26/09/2022 20:07:37 :::CIS 44. 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 September 26, 2022 (ravinder) ::: Downloaded on - 26/09/2022 20:07:37 :::CIS