Himachal Pradesh High Court
Vinod Kumar vs The State Of Himachal Pradesh on 2 September, 2022
Bench: Sabina, Sushil Kukreja
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
.
ON THE 2nd DAY OF SEPTEMBER, 2022
BEFORE
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SUSHIL KUKREJA
CIVIL WRIT PETITION No.6081 of 2022
Between:-
VINOD KUMAR,
SON OF SHRI HANS RAJ,
RESIDENT OF LADHYANI, POST
OFFICE LENGHISAREL, TEHSIL
GHUMARWIN, DISTRICT BILASPUR, H.P.
....PETITIONER
(BY MR. VISHWA BHUSHAN,
ADVOCATE)
AND
1. THE STATE OF HIMACHAL PRADESH
THROUGH ITS PRINCIPAL SECRETARY
(EDUCATION) TO THE GOVERNMENT
OF HIMACHALPRADESH.
2. THE DIRECTOR OF ELEMENTARY
EDUCATION, HIMACHAL
PRADESH, SHIMLA-1.
3. THE DEPUTY DIRECTOR ELEMENTARY
EDUCATION, BILASPUR,
DISTRICT BILASPUR, H.P..
4. THE BLOCK ELEMENTARY
EDUCATION OFFICER,
GHUMARWIN-1, DISTRICT
BILASPUR, H.P.
5. THE SUB DIVISIONAL OFFICER
(CIVIL)-CUM- CHAIRMAN,
::: Downloaded on - 02/09/2022 20:04:28 :::CIS
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SELECTION COMMITTEE
(CONSTITUTED FOR SELECTION
OF PART TIME MULTI TASK
WORKERS), GHUMARWIN,
.
DISTRICT BILASPUR, H.P.
6. LATA DEVI, W/O SHRI JOGINDER
SINGH, RESIDENT OF VILLAGE
LADHYANI, POST OFFICE
LEHRISAREL, TEHSIL
GHUMARWIN, DISTRICT
BILASPUR (HP) PRESENTLY
WORKING AS PART TIME MULTI
TASK WORKER AT GPS LADYANI,
TEHSIL GHUMARWIN, DISTRICT
BILASPUR (HP).
r ....RESPONDENTS
(MR. ASHOK SHARMA, ADVOCATE
GENERAL WITH MR. ASHWANI SHARMA,
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(s):-
"i) That the act of the selection committee headed by the respondent No.5 in not verifying the genuineness of certificate of BPL produced by the respondent number 6, in the process of recruitment to the post of Part Time Multi Task Worker in Government Primary School Ladhyani,Tehsil Ghumarwin, District Bilaspur, H.P. may kindly be declared as illegal, unjustified, unreasonable, arbitrary, unconstitutional, invalid, unwarranted, discriminatory, violative of Article 14 and ::: Downloaded on - 02/09/2022 20:04:28 :::CIS 3 16 of the Constitution of India and unsustainable in the eyes of law.
ii) That the BPL certificate produced by the respondent .
no.6 being invalid and baseless may kindly be quashed.
iii) That the respondents/selection committee headed by the respondent No.5 may further be directed to make selection and appointment against the post of Part Time Multi Task Worker in Government Primary School Ladhyani, Tehsil Ghumarwin, District Bilaspur, H.P. by ignoring the BPL Certificate produced by the respondent no.6 and on the basis of the merit list prepared after ignoring the BPL certificate of the respondent no.6."
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, selection/appointment of respondent No.6 was made on 14th 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), Bilaspur, District Bilaspur, 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 - 02/09/2022 20:04:28 :::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 Government of Himachal Pradesh."::: Downloaded on - 02/09/2022 20:04:28 :::CIS 5
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), Bilaspur, District Bilaspur, 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 merits.
r to not be rejected on the ground of delay, but would be disposed of on Pending miscellaneous application(s), if any, also stand disposed of.
(Sabina) Judge (Sushil Kukreja ) Judge September 02, 2022 (VH) ::: Downloaded on - 02/09/2022 20:04:28 :::CIS