Himachal Pradesh High Court
And District Shimla vs State Of Himachal Pradesh on 4 November, 2022
Bench: Sabina, Sushil Kukreja
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 4th DAY OF NOVEMBER, 2022
BEFORE
.
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SUSHIL KUKREJA
CIVIL WRIT PETITION No.7559 of 2022
Between:-
RAMAN KUMAR S/O LATE SHRI KESHAV
RAM, RESIDENT OF THAKUR NIWAS,
CHALAUNTHI, P.O. SANJAULI, TEHSIL
AND DISTRICT SHIMLA, H.P. AGED 26
YEARS.
r ......PETITIONER
(BY MR. RAJESH VERMA, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY, (EDUCA-
TION), TO THE GOVERN-
MENT OF HIMACHAL PRADESH,
SHIMLA.
2. DIRECTOR OF ELEMENTARY
EDUCATION, HIMACHAL PRADESH,
SHIMLA.
3. DEPUTY DIRECTOR OF
ELEMENTARY EDUCATION, SHIMLA,
H.P.
4. SUB DIVISIONAL OFFICER (CIVIL)
SHIMLA URBAN, DISTRICT SHIMLA
H.P CHAIRMAN OF PART TIME MULTI
TASK WORKER SELECTION
COMMITTEE.
5. SCHOOL MANAGEMENT
COMMITTEE, GOVT. PRIMARY
SCHOOL CHALONTHI, SANJAULI,
SHIMLA-6 THROUGH ITS PRESIDENT.
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2
6. SMT. RITA DEVI WIFE OF LATE SHRI
HEM CHAND; PRESENTLY RESIDING
AT JAGDISH THAKUR NIWAS,
CHALONTHI, P.O. SANJAULI, TEHSIL
AND DISTRICT SHIMLA, H.P.
.
......RESPONDENTS
(MR. KUNAL THAKUR, DEPUTY
ADVOCATE GENERAL FOR R-1 TO 5)
This petition coming on for orders 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):-
"a). That the selection/appointment of the petitioner dated 28.06.2022 contained in Annexure P-8 alongwith her application Annexure P-9 may kindly be quashed and set-aside.
b) That the respondents may further be directed to appoint the petitioner against the post of Part Time Multi Task Worker in Govt. Primary School Chalonthi from the date the appointment was given to the private respondent No.6 after awarding 8 marks for the resident of same ward, 5 marks for indigent condition certificate and 3 marks for BPL category certificate after quashing Annexure P-6."
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 - 09/11/2022 20:30:57 :::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 .
21.06.2022. 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 District 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 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 ::: Downloaded on - 09/11/2022 20:30:57 :::CIS 4 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 District 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.
Pending miscellaneous application(s), if any, also stand disposed of.
( Sabina ) Judge ( Sushil Kukreja ) Judge November 04, 2022 (reena) ::: Downloaded on - 09/11/2022 20:30:57 :::CIS