Himachal Pradesh High Court
Singh vs State Of Himachal on 10 November, 2022
Bench: Sabina, Sushil Kukreja
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 10th DAY OF NOVEMBER, 2022
BEFORE
.
HON'BLE MS. JUSTICE SABINA,
&
HON'BLE MR. JUSTICE SUSHIL KUKREJA
CIVIL WRIT PETITION NO.7822 of 2022
Between:-
KAPIL, SON OF SH. SUNDER
SINGH, RESIDENT OF VILLAGE
KOTA, POST OFFICE HARLOG,
TEHSIL SHILLAI, DISTRICT
SIRMOUR, H.P. ....PETITIONER
(BY MR. RAJESH SHARMA,
ADVOCATE)
AND
1. STATE OF HIMACHAL
PRADESH, THROUGH
PRINCIPAL SECRETARY
(EDUCATION) TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA-171002.
2. DIRECTOR ELEMENTARY
EDUCATION, HIMACHAL
PRADESH, SHIMLA-1.
3. DEPUTY DIRECTOR
ELEMENTARY EDUCATION,
SIRMOUR AT NAHAN,
DISTRICT SIRMOUR, H.P.
4. BLOCK ELEMENTARY
EDUCATION OFFICER,
SHILLAI, DISTRICT SIRMOUR,
H.P.
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2
5. SUB DIVISIONAL OFFICER
(CIVIL), SHILLAI, DISTRICT
SIRMOUR, H.P.
6. BLOCK DEVELOPMENT
.
OFFICER, SHILLAI, DISTRICT
SIRMOUR, H.P.
7. SECRETARY GRAM
PANCHAYAT, KOTA-PAB,
TEHSIL SHILLAI, DISTRICT
SIRMOUR, H.P.
8. SH. JAGDISH CHAND, SON OF
SH. GUMAN SINGH, RESIDENT
OF VILLAGE KOTA, POST
OFFICE HARLOG, TEHSIL
SHILLAI, DISTRICT SIRMOUR,
H.P. r ....RESONDENTS
(BY MR. BHARAT BHUSHAN,
ADDITIONAL ADVOCATE
GENERAL, FOR R-1 TO R-6,
MR. LALIT KUMAR SEHGAL,
ADVOCATE, FOR R-7)
__________________________________________________
This Writ 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(s):-
"i). That in view of the above mentioned facts and circumstances, the present writ petition may kindly be allowed and the impugned order dated 19.7.2022 (Annexure P-2) whereby, respondent No.6 has been offered appointment to the ::: Downloaded on - 10/11/2022 20:35:43 :::CIS 3 post of Multi Task Worker in GPS Kota Pab Education Block Bakras, District Sirmour, H.P., may kindly be quashed and set aside.
.
ii) That the respondents may kindly be directed to offer appointment to the present petitioner to the post of Multi Task Worker in GPS Kota Pab Education Block Bakras, District Sirmour, H.P.".
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 on 19th 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 - 10/11/2022 20:35:43 :::CIS 43. 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 ::: Downloaded on - 10/11/2022 20:35:43 :::CIS 5 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 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 )
November 10, 2022 Judge
(Yashwant)
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