Himachal Pradesh High Court
Poonam Devi vs State Of Himachal Pradesh on 10 November, 2022
Bench: Sabina, Sushil Kukreja
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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.7808 of 2022
Between:-
POONAM DEVI, W/O LATE
SHRI SURESH KUMAR,
RESIDENT OF VILLAGE PAGAR
AND POST OFFICE, RAJPUR,
TEHSIL PONTA SAHIB, DISTRICT
SIRMOUR, HIMACHAL PRADESH. ......PETITIONER
(BY MR. HIRDYA RAM, ADVOCATE ON
BEHALF OF MR. N.K. TOMAR, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH ITS SECRETARY (EDUCATION),
SIRMOUR, H.P. TO THE GOVERNMENT OF
HIMACHAL PRADESH.
2. DIRECTOR ELEMENTARY EDUCATION,
HIMACHAL PRADESH, LALPANI AT
SHIMLA, H.P.
3. SUB-DIVISIONAL OFFICER (CIVIL) SUB
DIVISION, PONTA SAHIB, DISTRICT SIRMOUR,
HIMACHAL PRADESH.
4. BLOCK ELEMENTARY EDUCATION OFFICER,
SATOUN, TEHSIL PONTA SAHIB, DISTRICT
SIRMOUR.
5. DINESH, SON OF UDAY RAM, RESIDENT
OF VILLAGE PAGAR AND POST OFFICE,
RAJPUR, TEHSIL PONTA SAHIB, DISTRICT
SIRMOUR, H.P. ....... RESPONDENTS
(BY MR. GAURAV SHARMA, DEPUTY
ADVOCATE GENERAL, FOR R-1 TO R-4)
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_________________________________________________
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):-
"1. That this Hon'ble Court may kindly please to direct the respondents to award marks to petitioner for indigent certificates (5) marks & Scheduled Tribe Certificate (3) marks which produced before the authority behalf of the petitioner and provided by the authority/concerned panchayat at the time hold interview under Rule 7 of as per framed new policy for the post of Multi Task worker at Government Primary School Pagar, Education Block Satoun, Tehsil Paonta Sahib, District Sirmour, H.P.
2. That this Hon'ble Court may kindly please to direct the respondents for appointment to the petitioner as Multi Task worker in GPS Pagar. Because presently petitioner is not appointed due to not award (5) five marks to the petitioner for Indigent Certificate for appointment on this post of multi task worker and are favoring respondent no.5 by the respondents.
3. That the respondents may also be directed not to make the appointment of the respondents No.5 due to the fraud certificate produced by the respondents no.5 which appointed by the respondents with highly politically approached based during the pendency of the present petition."::: Downloaded on - 10/11/2022 20:35:52 :::CIS 3
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 1st 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.
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 ::: Downloaded on - 10/11/2022 20:35:52 :::CIS 4 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 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 ( Sushil Kukreja) Judge November 10, 2022 (ks) ::: Downloaded on - 10/11/2022 20:35:52 :::CIS