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Himachal Pradesh High Court

Abhishek vs State Of H.P & Ors. on 4 January, 2024

Abhishek vs State of H.P & ors.

CWP No.85 of 2024 .

04.01.2024 Present: Mr. Pankaj Thakur, Advocate, for the petitioner.

Mr. Vishal Panwar, Additional Advocate General, for respondents No.1 to 5.

Notice. Mr. Vishal Panwar, learned Additional of Advocate General, appears and waives service of notice on behalf of respondents No.1 to 5. Let reply be filed rt within four weeks and rejoinder, if any, within three weeks thereafter.

Let separate notice be issued to respondents No.6 and 7, returnable in four weeks, on taking steps within three days.

CMP No.179 of 2024 Notice in the aforesaid terms.

2. Precisely the case of the petitioner as presented by Mr. Pankaj Thakur, leaned counsel for the petitioner is that in terms of Part Time Multi Task Worker Policy, 2020 notified on 16.7.2020 (Annexure P-1) as amended from time to time, the petitioner after due selection, in terms of the Scheme was appointed as Part Time Multi Task Worker in Government Primary School, Jamla, District Bilaspur on 28.6.2022 (Annexure P-3). The State Government inserted Rule 19 in the said Policy on 25.8.2022 (Annexure P-7), whereby, in case any complaint was made against the selection/appointment ::: Downloaded on - 06/01/2024 20:32:38 :::CIS of Part Time Multi Task Worker, then, the First Appeal .

was to lie before the Additional District Magistrate concerned and second appeal to Director of Higher/Elementary Education, within 15 days, from the date of decision of the Additional District Magistrate of concerned.

3. In the above background, though the rt petitioner was appointed on 28.6.2022 (Annexure P-3) and had joined, but the private respondent No.7 filed an appeal (Annexure P-4) before the Additional District Magistrate, Bilaspur, to which, the present petitioner filed a reply vide Annexure P-5; but, surprisingly case records, as they exists as on date, reveals that First Appeal has been decided by the Additional Deputy Commissioner, Bilaspur on 21.12.2023 (Annexure P-6) when as per Addendum dated 25.8.2022 (Annexure P-

7), the first appeal could only lie and be decided by Additional District Magistrate (ADM) and not Additional Deputy Commissioner, as aforesaid.

4. In view of the facts narrated above, once the orders passed by the Additional Deputy Commissioner on 21.12.2023 (Annexure P-6) was dehors the scheme/addendum (Annexure P-1 and Annexure P-7) and was passed by incompetent authority then, once the foundational order is bad, therefore, order dated ::: Downloaded on - 06/01/2024 20:32:38 :::CIS 30.12.2023 (Annexure P-9) passed by Director in second .

appeal shall not validate the void foundational order in law. Additionally, learned counsel for the petitioner submits that once respondent No.7 was not of sound mind (being mentally retarded), therefore, he was of ineligible for the post and therefore, the complaint so submitted and the orders on his complaint/appeal rt leading to the impugned order of selection of petitioner, was bad in law

5. In these circumstances, the petitioner has carved out a case for grant of interim protection, as the foundational order, Annexure P-6 was passed by incompetent authority, dehors, the scheme.

Accordingly, the operation of the impugned orders passed by Additional Deputy Commissioner, Bilaspur dated 21.12.2023 (Annexure P-6), and the consequential order of SDM, Bilaspur dated 30.12.2023 (Annexure P-9) and the order passed by Director of Elementary Education dated 29.12.2023/1.1.2024 (Annexure P-10) shall remain stayed. Consequently, the respondents are directed to permit the petitioner to continue as Part Time Multi Task Worker, in Government Primary School, Jamla, District, Bilaspur till next date of hearing.

Matter be listed, in the second week of .

March, 2024.

Disposed of with a direction to the applicant-

petitioner to file English translation of Annexure P-3, of by the next date of hearing.

              rt                            (Ranjan Sharma)
                                                Judge
     January 04, 2024

         (mamta)








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