Himachal Pradesh High Court
Kyari vs State Of Himachal Pradesh on 12 October, 2022
Bench: Sabina, Sushil Kukreja
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 12th DAY OF OCTOBER, 2022
BEFORE
.
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SUSHIL KUKREJA
CIVIL WRIT PETITION No.6363 of 2022
Between:-
YASH PAL SHARMA (AGED ABOUT
27 YEARS) SON OF SHRI SANT RAM
SHARMA, RESIDENT OF VILLAGE
SHANAIL, POST OFFICE SHIRI
KYARI, TEHSIL SHILLAI, DISTRICT
SIRMOUR, H.P
......PETITIONER
(BY MR. GAMBHIR SINGH CHAUHAN,
ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH ITS PRINCIPAL
SECRETARY (EDUCATION) TO THE
GOVERNMENT OF HIMACHAL
PRADESH.
2. DIRECTOR ELEMENTARY
EDUCATION HIMACHAL PRADESH
LALPANI, SHIMLA, H.P.
3. DEPUTY DIRECTOR ELEMENTARY
EDUCATION SIRMOUR AT NAHAN,
HIMACHAL PRADESH.
4. BLOCK ELEMENTARY EDUCATION
OFFICER SHILLAI, DISTRICT
SIRMOUR, HIMACHAL PRADESH.
5. SUB-DIVISIONAL OFFICER (CIVIL)
SHILLAI, DISTRICT SIRMOUR,
HIMACHAL PRADESH.
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2
6. SCHOOL MANAGEMENT
COMMITTEE GOVERNMENT
PRIMARY SCHOOL BHAPIL,
EDUCATION BLCOK SHILLAI,
DISTRICT SIRMOUR, H.P., THROUGH
.
ITS PRESIDENT.
7. SANGEET WIFE OF SHRI KEWAL
RAM, RESIDENT OF VILLAGE
SHANAIL, POST OFFICE SHIRI
KYARI, TEHSIL SHILLAI, DISTRICT
SIRMOUR, 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 relief:-
"i). Issue a writ of certiorari to quash Annexure P-1 i.e. impugned selection list qua the respondent No.7.
ii) Issue a writ of mandamus directing the Respondents authorities i.e. Respondent No.4 and 5 to grant marks to disability certificate to the petitioner as per the Part Time Multi Task Worker Policy 2020 and appoint the petitioner for the post of Part Time Multi Task Worker at Government Primary School Bhapil, Education Block Shillai, District Sirmour as per income criteria of clarification dated 24.05.2022 Annexure P-6 in the interest of justice and fair play.
iii) To cancel the joining and agreement of respondent No.7 which has been accepting and entered into by respondent No.6."
2. Learned counsel for the petitioner has submitted that now vide Addendum dated 25th August, 2022, Rule-19 has been ::: Downloaded on - 12/10/2022 20:06:38 :::CIS 3 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 the month of 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, Sirmaur at Nahan, District Sirmaur, 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 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 16 th 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 ::: Downloaded on - 12/10/2022 20:06:38 :::CIS 4 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 for the petitioner, we deem it appropriate to dispose of the writ petition by permitting the petitioner to approach Additional District Magistrate, Sirmaur at Nahan, District Sirmaur, 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.
6. Pending miscellaneous application(s), if any, shall also stand disposed of.
(Sabina) Judge (Sushil Kukreja) Judge October 12, 2022(ps) ::: Downloaded on - 12/10/2022 20:06:38 :::CIS