Himachal Pradesh High Court
Village And Post Office Saned vs The State Of H.P on 23 September, 2022
Bench: Sabina, Sushil Kukreja
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 23th DAY OF SEPTEMBER, 2022
BEFORE
.
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SUSHIL KUKREJA
CIVIL WRIT PETITION No. 5720 of 2022
Between:-
VIRENDER SINGH SON OF SH.
ROSHAN LAL, RESIDENT OF
VILLAGE AND POST OFFICE SANED,
TEHSIL & DISTRICT HAMIRPUR, H.P.,
AGED ABOUT 22 YEARS.
....PETITIONER
(BY MR.RAJESH KUMAR,
ADVOCATE)
AND
1. THE STATE OF H.P.
THROUGH PRINCIPAL SECRETARY
(EDUCATION), GOVT. OF H.P.
SHIMLA-171002
2. DIRECTOR OF EDUCATION
(ELEMENTARY) DIRECTORATE OF
EDUCATION SHIMLA, H.P.
3. SDO(CIVIL)-CUM-CHAIRMAN OF
SELECTION COMMITTEE, SDM
OFFICE, TEHSIL & DISTRICT
HAMIRPUR, H.P.
4. DEPUTY DIRECTOR OF
EDUCATION (ELEMENTARY)-CUM-
MEMBER OF SELECTION
COMMITTEE, DEPUTY
DIRECTORATE OF EDUCATION
HAMIRPUR, H.P.
5. BLOCK PRIMARY EDUCATION
OFFICER,
HAMIRPUR, DISTRICT HAMIRPUR,
H.P.
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6. PRESIDENT SCHOOL
MANAGEMENT COMMITTEE,
GOVT. PRIMARY SCHOOL
SANED, TEHSIL & DISTRICT
HAMIRPUR, H.P.
7. SURESH KUMAR SON OF LATE
.
SH. DHARAM CHAND, R/O V&
POST OFFICE UKHLI, TEHSIL &
DISTRICT HAMIRPUR, H.P.
....RESPONDENTS
(MR. ASHWANI SHARMA,
ADDITIONAL ADVOCATE GENERAL, FOR R-1 TO R-5
Mr. DIVYA CHAUHAN, ADVOCATE ON BEHALF OF Mr. R.L
CHAUDHARY, ADVOCATE,FOR R-7)
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 writ of mandamus may kindly be issued directing and commanding the respondent No.3 to 6 to consider the Certificate issued by the Naib Tehsildar on the recommendation of the Patwari on 20.06.2022 and affidavit executed by the father of the petitioner in favour of the school on 20.06.2022 in view of the direction issued by this Hon'ble Court on 28.06.2022 and gift deed dated 02.07.2022 and award the marks to the petitioner and the result for the post of Part Time Multi Task Worker, directed to be reviewed by redrawing the merit after granting the above marks for donation of land/land in the possession of the school.
ii. That the respondent No.3 to 6 may kindly be directed to produce the record of the counselling held for the appointment for the Part Time Multi Task Worker, Govt. Primary School Saned, held on 17.06.2022 and result declared on 18.08.2022 before this Hon'ble Court."
2. Learned counsel for the petitioner has submitted that now vide Addendum dated 25th August, 2022, Rule-19 has been added to ::: Downloaded on - 26/09/2022 20:02:20 :::CIS 3 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 .
17th 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), Hamirpur, District Hamirpur, 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 - 26/09/2022 20:02:20 :::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), Hamirpur, District Hamirpur, 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 23, 2022 (ravinder) ::: Downloaded on - 26/09/2022 20:02:20 :::CIS