Himachal Pradesh High Court
Smt. Reena Devi vs The State Of Himachal Pradesh on 7 September, 2022
Bench: Sabina, Sushil Kukreja
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 7th DAY OF SEPTEMBER, 2022
BEFORE
.
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SUSHIL KUKREJA
CIVIL WRIT PETITION No. 4541 of 2022
Between:-
SMT. REENA DEVI,
W/O LATE SH. NANDI LAL,
RESIDENT OF VILLAGE KOTRI,
P.O. KOTRI BIAS, TEHSIL POANTA
SAHIB, DISTRICT SIRMOUR, H.P.
....PETITIONER
(BY MR. VISHAL PANWAR
ADVOCATE)
AND
1. THE STATE OF HIMACHAL PRADESH
THROUGH ITS PRINCIPAL SECRETARY
(EDUCATION) TO THE GOVERNMENT
OF HIMACHALPRADESH SHIMLA 171002.
2. SUB DIVISIONAL OFFICER (C)
CUM CHAIRMAN, MULTI TASK
WORKER SELECTION
COMMITTEE, PONTA SAHIB,
TEHSIL POANTA SAHIB DISTRICT
SIRMOUR (H.P)
3. DEPUTY DIRECTOR (ELEMENTARY),
EDUCATION NAHAN, DISTRICT SIRMOUR,
H.P.
4. BLOCK ELEMENTARY EDUCATION OFFICER,
EDUCATION BLOCK MAJRA, TESHIL PONTA
SAHIB, DISTRICT SIRMOUR, H.P.
5. SUMMI DEVI W/O LATE SH. GURNAM SINGH,
R/O VPO KOTRI BIAS, TEHSIL PAONTA SAHIB,
DISTRICT SIRMAUR, (HP).
...RESPONDENTS
::: Downloaded on - 08/09/2022 20:09:20 :::CIS
2
(MR. ASHOK SHARMA, ADVOCATE
GENERAL WITH MR. KUNAL THAKUR,
DEPUTY ADVOCATE GENERAL)
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) Writ may kindly be issued to quash and set aside the letter dated 4th of July, 2022 i.e. Annexure P-6 whereby respondent No.5 has been appointed against the post of Part Time Multi Task Worker in Government Primary School Halau, Nerwa, Tehsil Nerwa, District Shimla, H.P.
(ii) Writ of mandamus may kindly be issued directing the respondent to give appointment to petitioner for the post of part time multi task worker in GPS Halau, Tehsil Nerwa, 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 on 1st 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), ::: Downloaded on - 08/09/2022 20:09:20 :::CIS 3 Sirmour, 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.::: Downloaded on - 08/09/2022 20:09:20 :::CIS 4
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), Sirmour 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 07, 2022 (ravinder) ::: Downloaded on - 08/09/2022 20:09:20 :::CIS