Himachal Pradesh High Court
Mamta Devi vs State Of Himachal Pradesh on 1 November, 2022
Bench: Sabina, Sushil Kukreja
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 1st DAY OF NOVEMBER, 2022
BEFORE
.
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SUSHIL KUKREJA
CIVIL WRIT PETITION No.5069 of 2022
Between:-
MAMTA DEVI, WD/O SH. ASHOK KUMAR,
RESIDENT OF VILLAGE AND POST OFFICE,
KHALANOO, TEHSIL KOTLI, DISTRICT MANDI,
HIMACHAL PRADESH. ......PETITIONER
(BY MR. G.R. PALSRA, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH PRINCIPAL SECRETARY
(EDUCATION) TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA-2.
2. DEPUTY DIRECTOR ELEMENTARY
EDUCATION, MANDI, DISTRICT MANDI,
HIMACHAL PRADESH.
3. BLOCK ELEMENTARY EDUCATION OFFICER,
SAIGALOO, TEHSIL KOTLI, DISTRICT
MANDI, HIMACHAL PRADESH.
4. SELECTION COMMITTEE, PART TIME MULTI
TASK WORKER OF GOVERNMENT PRIMARY
SCHOOL, KHALANOO, TEHSIL KOTLI,
DISTRICT MANDI, HIMACHAL PRADESH.
5. SHRI NAROTAM RAM, SON OF SHI CHAUDHARY,
RESIDENT OF VILLAGE AND POST OFFICE,
KHALANOO, TEHSIL KOTLI, DISTRICT MANDI,
HIMACHAL PRADESH. ....... RESPONDENTS
(MR. ASHWANI K. SHARMA, ADDITIONAL
ADVOCATE GENERAL, FOR R-1 TO R-3,
MR. HAMENDER SINGH CHANDEL,
ADVOCATE, FOR R-5)
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_________________________________________________
This Petition is 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 relief(s):-
"i) That in view of the above mentioned facts and circumstances, the present writ petition may kindly be allowed and the appointment and selection of respondent No.5 as Part Time Multi Task Worker in Govt. Primary School Khalanoo, Tehsil Kotli, District Mandi contained in result sheet Annexure P-7 may kindly be quashed and set aside by issuing is writ of certiorari.
ii) That the respondents No.1 to 4 may kindly be directed to offer appointment to the present petitioner as Part Time Multi Task Worker in Govt. Primary School Khalanoo, Tehsil Kotli, District Mandi being more meritorious than respondent No.5 by issuing a writ of mandamus."
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 9th June, 2022. Hence, the petitioner would not be able ::: Downloaded on - 01/11/2022 20:34:39 :::CIS 3 to avail the benefit of newly added Rule-19. Learned counsel has further submitted that the petitioner will approach the Additional District Magistrate, Mandi, 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.
4 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.
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.
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, Mandi 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, shall also stand disposed of.
( Sabina ) Judge ( Sushil Kukreja) Judge November 01, 2022 (ks) ::: Downloaded on - 01/11/2022 20:34:39 :::CIS