Himachal Pradesh High Court
Multhan vs 3. The Deputy Director on 26 September, 2022
Bench: Sabina, Sushil Kukreja
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.5447 of 2022
Between:-
PRAVEEN THAKUR
SON OF SHRI GIAN CHAND
RESIDENT OF VILLAGE
CHHERNA, POST OFFICE
LOHARDI, TEHSIL
MULTHAN, DISTRICT
KANGRA, H.P.
......PETITIONER
(BY MR. VISHWA BHUSHAN),
ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH ITS PRINCIPAL
SECRETARY (EDUCATION) TO
THE GOVERNMENT OF
HIMACHAL PRADESH.
2. THE DIRECTOR ELEMENTARY
EDUCATION,
HIMACHAL PRADESH, SHIMLA-
1.
3. THE DEPUTY DIRECTOR
ELEMENTARY EDUCATION,
KANGRA AT DHARAMSHALA,
DISTRICT KANGRA, H.P.
::: Downloaded on - 26/09/2022 20:07:38 :::CIS
-2-
4. THE BLOCK ELEMENTARY
EDUCATION OFFICER
BAIJNATH, DISTRICT KANGRA
H.P
5. THE SUB DIVISIONAL OFFICER
.
(CIVIL)-CUM CHAIRMAN,
SELECTION COMMITTEE
(CONSTITUTED FOR
SELECTION OF PART TIME
MULTI TASK WORKERS), SUB
DIVISION BAIJNATH, DISTRICT
KANGRA, H.P.
6. KRISHANA KUMARI,
WIDOW OF LATE SHRI JISHAN
RAM, RESIDENT OF VILLAGE
SWAR, POST OFFICE LOHARDI,
TEHSIL MULTHAN, DISTRICT
KANGRA, H.P.
.
......RESPONDENTS
(BY MR. ANIL JASWAL,
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:
ORDER
Petitioner has filed the petition under Article 226 of the Constitution of India, seeking following reliefs:-
"i). That the act of the selection committee headed by the respondent No.5 in ignoring the disability certificate of the petitioner in rejecting the candidature of the petitioner for the post of Part Time Multi Task Worker in Government Primary ::: Downloaded on - 26/09/2022 20:07:38 :::CIS -3- School Chherna, Tehsil Multan, District Kangra, H.P. may kindly be declared as illegal unjustified, unreasonable, arbitrary, unconstitutional, unwarranted, discriminatory, violative of Article 14 and 16 of the Constitution of India and unsustainable in the eyes of law and resultantly .
office Order dated 3.08.2022 (Annexure P/15) may please be quashed qua the respondent No.6.
ii) That the respondent/selection committee headed by the respondent No.5 may kindly be directed to consider the claim of the petitioner by accepting the disability certificate (Annexure-P/11) of the petitioner for the post of Part Time Multi Task Worker in Government Primary School Chherna, Tehsil Multhan, District Kangra, H.P.
iii) That the respondent/selection committee headed by the respondent No.5 may kindly be directed to provide 8 marks to the petitioner for the disability certificate (Annexure-P/11) disability suffered by the petitioner for the post of Part Time Multi Task Worker in Government Primary School Chherna and then the merit of the petitioner may please be ordered to be prepared accordingly.
iv) That the respondents/selection committee headed by the respondent No.5 may further be directed to make selection and appointment against the post of Part Time Multi Task Worker in Government Primary School Chherna, Tehsil Multan, District Kangra, H.P. on the basis of the same revised merit list prepared after taking into consideration the disability certificate of the petitioner.
v) That in case, the petitioner succeeds in making first position in the revised merit list, then the respondents/selection committee may further be directed to select and appoint the petitioner against the post of Part Time Multi Task Worker in Government Primary School Chherna w.e.f. 3-8- 2022, when the respondent No.6 and other similarly situated persons in different schools were appointed, alongwith all consequential benefits."
2. Learned counsel for the petitioner has submitted that now vide Addendum dated 25th August, 2022, Rule-19 has ::: Downloaded on - 26/09/2022 20:07:38 :::CIS -4- 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 3rd August, 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), Kangra at Dharamshala, District Kangra, 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 ::: Downloaded on - 26/09/2022 20:07:38 :::CIS -5- 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), Kangra at Dharamshala, District Kangra, 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 ( Revinder) ::: Downloaded on - 26/09/2022 20:07:38 :::CIS