Himachal Pradesh High Court
______________________________________________________ vs State Of Himachal Pradesh & Others on 21 November, 2022
Bench: Sabina, Sushil Kukreja
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.5723 of 2022
.
Decided on: 21.11. 2022
______________________________________________________
Sunil Kumar
.....Petitioner
Versus
State of Himachal Pradesh & others
.....Respondents
______________________________________________________
Coram
The Hon'ble Ms. Justice Sabina, Judge
The Hon'ble Mr. Justice Sushil Kukreja, Judge
1
Whether approved for reporting?
__________________________________________________
For the Petitioner: Mr. Sanjeev Mankotia, Advocate on
behalf of Mr. Dinesh Bhanot,
Advocate.
For the Respondents: Mr. Ashwani Sharma, Additional
Advocate General, for respondents
No.1 to 5/State.
Sabina, Judge (Oral)
Petitioner has filed the petition under Article 226 of the Constitution of India, seeking following reliefs:-
"i). Issue a writ of certiorari to quash Annexure P-9 i.e. impugned selection list of PTMTW Education Nalagarh issued by the respondent No.4 qua the respondent No.7.
ii) Issue a writ of mandamus directing the Respondent authorities not to appoint the 1 Whether reporters of Local Papers may be allowed to see the judgment?::: Downloaded on - 21/11/2022 20:32:40 :::CIS -2-
respondent No.7 for the post of Part time Multi Task Worker at GPS Bahlam, Education Block .
Nalagarh, which has been done without adopting selection process under Clause 7 of the notification dated 11th March, 2022, i.e. Annexure P-7.
iii) Issue a writ of mandamus directing the Respondent authorities to appoint the petitioner for the post of Part Time Multi Task Worker at GPS Bahlam, Education Block Nalagarh as per Clause 7 of the notification dated 11.03.2022."
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 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 (ADM), Solan, District Solan, 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.
::: Downloaded on - 21/11/2022 20:32:40 :::CIS -3-3. 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 - 21/11/2022 20:32:40 :::CIS -4-
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), Solan, District Solan, 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 November 21, 2022 (VH) ::: Downloaded on - 21/11/2022 20:32:40 :::CIS