Himachal Pradesh High Court
Haroli vs State Of Himachal Pradesh on 12 September, 2022
Bench: Sabina, Sushil Kukreja
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 12th DAY OF SEPTEMBER, 2022
BEFORE
.
HON'BLE MS. JUSTICE SABINA,
&
HON'BLE MR. JUSTICE SUSHIL KUKREJA
CIVIL WRIT PETITION NO.6204 of 2022
Between:-
RAMA DEVI,
AGED ABOUT 40 YEARS,
WIFE OF LATE SH. RAKESH
KUMAR, DAUGHTER OF SH.
ONKAR SINGH, RESIDENT OF
VILLAGE KUTHAR BEET, TEHSIL
HAROLI, SUB TEHSIL DULEHAR,
DISTRICT UNA, H.P. ....PETITIONER
(MY MR. JAGJEET SINGH
BAGGA, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH PRINCIPAL
SECRETARY (EDUCATION) TO
THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA-2.
2. DIRECTOR OF EDUCATION
(ELEMENTARY), DIRECTORATE
OF EDUCATION, SHIMLA, H.P.
3. SDO (CIVIL)-CUM-CHAIRMAN OF
SELECTION COMMITTEE, SDM
OFFICE, TEHSIL & DISTRICT UNA,
H.P.
4. THE DEPUTY DIRECTOR OF
EDUCATION (ELEMENTARY)-
CUM-MEMBER OF THE
SELECTION COMMITTEE,
DEPUTY DIRECTORATE OF
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2
EDUCATION, UNA, H.P.
5. BLOCK PRIMARY EDUCATION
OFFICER, HAROLI, DISTRICT
UNA, H.P.
6. THE PRESIDENT OF SCHOOL
MANAGEMENT COMMITTEE-
.
CUM-MEMBER OF THE
SELECTION COMMITTEE,
GOVERNMENT MIDDLE SCHOOL,
KUTHAR BEET, HAROLI,
DISTRICT UNA, H.P.
7. RANJNA KUMARI, WIFE OF LATE
SH. SUBHASH, RESIDENT OF
VILLAGE KUTHAR BEET, TEHSIL
HAROLI, SUB TESHSIL DULEHAR,
DISTRICT UNA, H.P. ....RESPONDENTS
(MR. ASHWANI SHARMA,
ADDITIONAL ADVOCATE
GENERAL, FOR R-1 TO R-5)
______________________________________________________
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):-
"1) That the writ in the nature of certiorari may kindly be issued and the appointment of respondents No.7 may kindly be quashed being illegal.
2) That the writ in the nature of mandamus may kindly be issued directing and commanding the respondents No.3 & 4 to consider the documents of the petitioner regarding "Persons Living in extreme Indigent Conditions" as per the criteria laid down in ::: Downloaded on - 12/09/2022 20:04:34 :::CIS 3 notification dated 24.05.2022 and accordingly award the marks to the petitioner and the petitioner may kindly be considered for appointment to the post of Part Time .
Multi Task Worker in the Govt. Middle School Kuthar Beet, Una, H.P.
3) That the respondents No.3 & 4 may kindly be directed to produce the record of the counselling/interview held for the appointment of respondent No.7 and other candidates including petitioner to the post of Part Time Multi Task Worker, Govt. Middle School, Kuthar Beet, Una, H.P., held on 17.06.2022 before this Hon'ble Court."
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 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, Una, District Una, 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 - 12/09/2022 20:04:34 :::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."
4. Keeping in view the submissions made by learned counsel for the petitioner, we deem it appropriate to dispose of the ::: Downloaded on - 12/09/2022 20:04:34 :::CIS 5 writ petition by permitting the petitioner to approach Additional District Magistrate, Una, 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.
r to
( Sabina )
Judge
( Sushil Kukreja )
September 12, 2022 Judge
(Yashwant)
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