Himachal Pradesh High Court
Sh.Kamal Chand vs State Of Himachal Pradesh on 4 November, 2022
Bench: Sabina, Sushil Kukreja
1
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. 7394 of 2022
Between:-
SH.KAMAL CHAND,
S/O SH. GULAB CHAND, R/O VILLAGE
MUNALAG, P.O. JOKHAR, TEHSIL
KUPVI, DISTRICT SHIMLA, H.P.
.... PETITIONER
(BY MR. SARTHAK MEHTA, ADVOCATE
ON BEHALF OF MR. I.N.MEHTA,
ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (EDUCATION)
TO THE GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA-2.
2. DIRECTOR ELEMENTARY EDUCATION
HIMACHAL PRADESH, SHIMLA-1.
3. SUB-DIVISIONAL MAGISTRATE
CHOPAL, TEHSIL CHOPAL, DISTRICT
SHIMLA, H.P.
4. BLOCK PRIMARY ELEMENTARY
EDUCATION OFFICER
CHOPAL, TEHSIL CHOPAL, DISTRICT
SHIMLA, H.P.
5. SCHOOL MANAGEMENT COMMITTE
GOVERNMENT PRIMARY SCHOOL
MANALAG, TEHSIL KUPVI, DISTRICT
SHIMLA, THROUGH ITS PRESIDENT,
SH. DEVINDER S/O SH. HIRA SINGH,
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P.O BOHAR, TEHSIL NERWA, DISTRICT
SHIMLA, H.P.
6. GRAM PANCHAYAT BOHAR,
TEHSIL NERWA, DISTRICT SHIMLA,
.
H.P., THROUGH ITS SECRETARY.
7. SUB-REGISTRAR/TEHSILDAR,
TESHIL KUPVI, P.O. KUPVI, DISTRICT
SHIMLA, H.P.
8. SMT. ANJU,
D/O LT. SH. KAMBIA RAM, R/O VILLAGE
MUNALAG, P.O. TEHSIL JOKHAR,
KUPVI, DISTRICT SHIMLA, H.P.
r to
(MR. ASHWANI SHARMA, ADDITIONAL
.... RESPONDENTS
ADVOCATE GENERAL FOR R-1 TO R-7)
This 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 reliefs: -
"i). That the Respondent No. 1-7 be directed cancel the appointment of the Respondent No. 8, for the post of Part Time Multi Task Worker at Government Primary School, Munalag, P.O. Jokhar, Block and Tehsil Kupvi, District Shimla, H.P.
ii) That respondents may be directed to initiate selection process afresh in conformity with the scheme as framed by No. 1 & 2 titled as 'Part Time Multi Task Worker Policy, 2020."
2. Learned counsel for the petitioner has submitted that now vide Addendum dated 25th August, 2022, Rule-19 has been added to ::: Downloaded on - 04/11/2022 20:32:14 :::CIS 3 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 (ADM), 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 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 "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 ::: Downloaded on - 04/11/2022 20:32:14 :::CIS 4 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), 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 4, 2022 (ravinder/subhash) ::: Downloaded on - 04/11/2022 20:32:14 :::CIS