Himachal Pradesh High Court
Samriti Thakur vs State Of H.P. & Ors on 23 November, 2022
Bench: Sabina, Sushil Kukreja
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.3775 of 2022
Date of decision: 23.11.2022
Samriti Thakur ....Petitioner
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Versus
State of H.P. & Ors. ....Respondents
Coram:
The Hon'ble Ms. Justice Sabina, J.
The Hon'ble Mr. Justice Sushil Kukreja, J. Whether approved for reporting ?1 For the Petitioner: Ms. Aruna Chauhan, Advocate.
For the Respondents: Mr. Anil Jaswal, Additional Advocate General.
Sabina, Judge(Oral):
Petitioner has filed the petition under Article 226 of the Constitution of India, seeking following substantive reliefs:-
"i). That the respondents be directed to consider the petitioner for the post of Multi Task Worker in Govt. Primary School Chrimu, Education Block Theog, District Shimla, H.P. and be directed to allot 08 marks to the petitioner as per Clause 7 of Notification dated 11.03.2022 being an unmarried daughter of the donor of the land.
ii) That the respondents be directed not to fill up the post of Part Time Multi Task Worker at Govt.
Primary School Chrimu, Education Block Theog, District Shimla, H.P. and the petitioner ma be 1 Whether the reporters of Local Papers may be allowed to see the judgement?
::: Downloaded on - 23/11/2022 20:33:39 :::CIS 2given preference being an unmarried daughter of the donor of the land and fully eligible to be appointed.
iii) That the respondents may be directed to initiate .
selection process in conformity with Clause 7 of Scheme 2020 for filling up post of Part Time Multi Task Worker at Govt. Primary School Chrimu, Education Block Theog, District Shimla, HP."
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 June, 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, H.P., 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 25 th August, 2022.
3. Rule-19, provide vide Addendum dated 25 th August, 2022, reads as under:-
"ADDENDUM In partial modification of this Department's Notification No.EDN-C-B(1)2/2019 dated16th July, 2020 (as ::: Downloaded on - 23/11/2022 20:33:39 :::CIS 3 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:
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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, Shimla, H.P., 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.
::: Downloaded on - 23/11/2022 20:33:39 :::CIS 4Pending miscellaneous application(s), if any, shall also stand disposed of.
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( Sabina ) Judge ( Sushil Kukreja ) Judge November 23, 2022 (reena) ::: Downloaded on - 23/11/2022 20:33:39 :::CIS