Himachal Pradesh High Court
Asha Devi vs State Of Himachal Pradesh on 9 September, 2022
Bench: Sabina, Sushil Kukreja
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 9th DAY OF SEPTEMBER, 2022
.
BEFORE
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SUSHIL KUKREJA
CIVIL WRIT PETITION No.6292 of 2022
Between:-
ASHA DEVI,
WIFE OF SHRI RATTAN SINGH,
RESIDENT OF VILLAGE KHUBIYAR,
POST OFFICE & SUB-TEHSIL RONHAT,
TEHSIL SHILLAI, DISTRICT SIRMOUR,
HIMACHAL PRADESH. ......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,
HIMACHAL PRADESH.
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.
6. SCHOOL MANAGEMENT COMMITTEE
GOVERNMENT PRIMARY SCHOOL,
KHUBIYAR , EDUCATION BLOCK
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2
SHILLAI, DISTRICT SIRMOUR,
HIMACHAL PRADESH, THROUGH
ITS PRESIDENT.
7. NARESH KUMAR, SON OF SHRI JEET
SINGH, RESIDENT OF VILLAGE BAWTA
.
POST OFFICE ROHNAT SUB-TEHSIL
ROHNAT DISTRICT SIRMOUR,
HIMACHAL PRADESH. ...... RESPONDENTS
(MR. ASHOK SHARMA ADVOCATE GENERAL
WITH MR. ASHWANI K. SHARMA, ADDITIONAL
ADVOCATE GENERAL)
_________________________________________________
This Petition is 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(s):-
"i) Issue a writ of certiorari to quash Annexure P-2 i.e. impugned selection list for the post of Part Time Multi Task Worker in GPS Khubiyar, Educational Block Shillai, District Sirmour, H.P. qua the respondent No.7.
(ii) To cancel the joining and agreement of respondent No.7 which has been accepting and entered into by respondent No.6.
(iii) To award marks of land donation to the petitioner strictly as per Clause 7 of the Annexure P-1 as the Annexure P-11 has been issued seventeen days after the last of submission of the application form that too without any prior information.
(iv) To appoint the petitioner for the post of Part Time Multi Task Worker in GPS Khubiyar, Education Block ::: Downloaded on - 09/09/2022 20:03:28 :::CIS 3 Shillai, District Sirmour, H.P. being meritorious candidate.
(v) To quash and set-aside Annexure P-11, as it has been issued seventeen days after the last date of .
submission of the documents alongwith application form whereas Annexure P-11 provides for more documents which can be submitted only if the date of submission of the application form is extended as averred by the petitioner regarding submission of certificate of a person living in extreme indigent conditions.
(vi) To award three marks to the petitioner being member of PBL family separately in addition to three marks being member of Scheduled Caste Category"
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, Sirmour at Nahan, 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 - 09/09/2022 20:03:28 :::CIS 4
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.
4 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."
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, Sirmour at Nahan, by way of an appeal within 15 days from today and ::: Downloaded on - 09/09/2022 20:03:28 :::CIS 5 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, shall also stand disposed of.
( Sabina )
Judge
r ( Sushil Kukreja)
Judge
September 9, 2022 (ks)
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