Himachal Pradesh High Court
Balwinder Kaur vs State Of Himachal Pradesh & Ors on 13 January, 2023
Bench: Sabina, Satyen Vaidya
1
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 8805 of 2022
Decided on: 13th January, 2023
.
Balwinder Kaur ... Petitioner
Versus
State of Himachal Pradesh & Ors. ... Respondents
Coram
The Hon'ble Ms. Justice Sabina, Judge.
The Hon'ble Mr. Justice Satyen Vaidya, Judge.
Whether approved for reporting?1
For the petitioners : Mr. Surinder Prakash Sharma, Advocate.
For respondents No.1to 4. : Mr. I.N.Mehta, Sr. Additional Advocate
General with Mr. Vishal Panwar, Additional
Advocate General and Ms. Seema Sharma,
Deputy Advocate General
For respondent No.5. : None.
Sabina , Judge, (Oral)
ORDER
Petitioner has filed the petition under Article 226 of the Constitution of India, seeking following relief(s):-
"(i). That a writ in the nature of certiorari may kindly be issued, quashing and setting aside the selection and appointment of respondent No.5 to the post of Part Time Multi Task Worker in Government Primary School Ajnoli, Tehsil District Una, H.P.
(ii) That the writ in the nature of mandamus may kindly be issued, directing the respondents to adhere to the provisions of the policy regarding engagement of Part 1 Whether reporters of Local Papers may be allowed to see the judgment?::: Downloaded on - 13/01/2023 20:38:50 :::CIS 2
Time Multi Task Workers in the Government Schools of Himachal Pradesh(Annexure P-5) and to give appointment to the petitioner to the post of Part Time Multi Task Worker in Government Primary School Ajnoli, Tehsil District Una, H.P from the due date with all consequential .
benefits."
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 7th August, 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), 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.
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 "Rule19 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 ::: Downloaded on - 13/01/2023 20:38:50 :::CIS 3 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 (ADM), Una, District 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.
Pending miscellaneous application(s), if any, also stand disposed of.
(Sabina) Judge (Satyen Vaidya) Judge January 13, 2023 (Gaurav) ::: Downloaded on - 13/01/2023 20:38:50 :::CIS