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Himachal Pradesh High Court

Smt. Bala Devi vs State Of Himachal Pradesh on 13 September, 2022

Bench: Sabina, Sushil Kukreja

1 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA .

ON THE 13th DAY OF SEPTEMBER, 2022 BEFORE HON'BLE MS. JUSTICE SABINA & HON'BLE MR. JUSTICE SUSHIL KUKREJA Between:-

r to CIVIL WRIT PETITION No.5408 of 2022 SMT. BALA DEVI, W/O SHRI RANDEEP, AGED 33 YEARS, R/O VILLAGE DHANKOLI, POST OFFICE AND TEHSIL SHILLAI, DISTRICT SIRMOUR, HIMACHAL PRADESH.

....PETITIONER (BY MR. SHUBHAM SOOD, ADVOCATE) AND

1. STATE OF HIMACHAL PRADESH, THROUGH ITS PRINCIPAL SECRETARY (EDUCATION) TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA-171002.

2. THE DIRECTOR ELEMENTARY EDUCATION, LALPANI, SHIMLA-171001.

3. THE DEPUTY DIRECTOR ELEMENTARY EDUCATION SIRMOUR, DISTRICT SIRMOUR, HIMACHAL PRADESH.

4. THE SUB DIVISIONAL OFFICER (CIVIL), SHILLAI, DISTRICT SIRMOUR, HIMACHAL PRADESH -CUM- CHAIRMAN, PART TIME MULTI TASK WORKER SELECTION COMMITTEE.

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5. THE BLOCK ELEMENTARY EDUCATION OFFICER SHILLAI, DISTRICT SIRMOUR, HIMACHAL PRADESH.

6. SHRI RAMBHAJ, S/O SH. BARU RAM, .

R/O VILLAGE JAJRAMA, POST OFFICE & TEHSIL SHILLAI, DISTRICT SIRMOUR, HIMACHAL PRADESH-173027.

....RESPONDENTS (MR. KUNAL THAKUR, DEPUTY ADVOCATE GENERAL, FOR R-1 TO R-5, MR. GAMBHIR SINGH CHAUHAN, ADVOCATE, FOR R-6) This petition coming on for admission this day, Hon'ble Ms. Justice Sabina, passed the following:

r ORDER Petitioner has filed the petition under Article 226 of the Constitution of India, seeking following relief(s):-

"A. That a writ in the nature of Certiorari or any other appropriate writ, order or direction may kindly be issued quashing and setting aside the action of Respondents whereby the Private Respondent has been placed at Serial No.1 in the merit list.

B. That a writ in the nature of Certiorari or any other appropriate writ, order or direction may kindly be issued quashing and setting aside any action taken by the respondents in furtherance of result declared for the post of Part Time Multi Task Worker at Government Primary School Dhakoli, Education Block Shillai, District Sirmour, Himachal Pradesh and consequently quash the appointment of the private Respondent on the post in question.

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C. That a writ in the nature of Mandamus or any other appropriate writ, order or direction may kindly be issued directing the Respondents to grant the Petitioner, 8 marks .

under the head "Persons with Benchmark Disabilities" and consequently offer her appointment on the post of Part Time Multi Task Worker in Government Primary School Dhakoli, Education Block Shillai, District Sirmour, Himachal Pradesh from the due date."

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, selection/appointment of respondent No.8 was made on 4th 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 ADM), Sirmour at Nahan, District Sirmour, 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 ::: Downloaded on - 14/09/2022 20:07:09 :::CIS 4 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 writ petition by permitting the petitioner to approach Additional District Magistrate (ADM), Sirmour at Nahan, District Sirmour, 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.

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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
                         r                           (Sushil Kukreja )

                                                         Judge
    September 13, 2022
         (reena)








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