Himachal Pradesh High Court
Sunni vs State Of Himachal Pradesh on 14 October, 2022
Bench: Sabina, Satyen Vaidya
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 14th DAY OF OCTOBER, 2022
BEFORE
.
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SATYEN VAIDYA
CIVIL WRIT PETITION No.5310 of 2022
Between:-
ANITA DEVI, W/O SH. KEWAL RAM,
RESIDENT OF VILLAGE GRAON,
POST OFFICE, BHARARA, TEHSIL
SUNNI, DISTRICT SHIMLA, H.P. ......PETITIONER
(BY MR. SURINDER K. SHARMA,
ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH THE SECRETARY (EDUCATION)
TO THE GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA-2.
2. THE DIRECTOR ELEMENTARY EDUCATION,
HIMACHAL PRADESH, SHIMLA-171001.
3. THE DEPUTY DIRECTOR ELEMENTARY
EDUCATION, SHIMLA, DISTRICT SHIMLA,
H.P.
4. THE SUB DIVISIONAL OFFICER (CIVIL)
SHIMLA RURAL-CUM-CHAIRMAN,
SELECTION COMMITTEE, PART-TIME
MULTI TASK WORKERS, DISTRICT
SHIMLA, HIMACHAL PRADESH.
5. THE BLOCK ELEMENTARY EDUCATION
OFFICER, SUNNI, TEHSIL SUNNI, DISTRICT
SHIMLA, H.P.
6. SCHOOL MANAGEMENT COMMITTEE
THROUGH ITS PRESIDENT, GOVT. PRIMARY
SCHOOL, JAISHI, TEHSIL SUNNI, DISTRICT
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2
SHIMLA, HIMACHAL PRADESH.
7. SEEMA DEVI, W/O LATE SH. MEHAR CHAND,
RESIDENT OF VILLAGE JAISHI, POST OFFICE
BHARARA, TEHSIL SUNNI, DISTRICT SHIMLA,
H.P. ......RESPONDENTS
.
(BY MR. VIKRANT CHANDEL, DEPUTY
ADVOCATE GENERAL, FOR R-1 TO
R-5)
___________________________________________________
This Civil 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 the impugned Annexure-P4, score-sheet/result for the post of Part-Time Multi Task worker at GPS Jaishi and recommendations made in pursuance thereto, whereby respondent No.7 stood recommended for appointment to the post of Part-
Time Multi Task Worker at GPS Jaishi, may kindly be quashed and set aside;
(ii) That the respondent No.4 may kindly be directed to redraw the entire merit list after awarding 8 additional marks to the petitioner on account of the land donated by her husband to the Education Department and thereafter, to recommend the name of the petitioner for appointment to the post of Part- Time Multi Task Worker at GPS Jaishi."
2. Learned counsel for the petitioner has submitted that now vide Addendum dated 25th August, 2022, Rule-19 has been added to the ::: Downloaded on - 14/10/2022 20:04:13 :::CIS 3 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 23.6.2022. 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, Shimla, 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 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 ::: Downloaded on - 14/10/2022 20:04:13 :::CIS 4 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, Shimla, 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 ( Satyen Vaidya) Judge October 14, 2022 (ks) ::: Downloaded on - 14/10/2022 20:04:13 :::CIS