Himachal Pradesh High Court
Between vs State Of Himachal Pradesh on 6 July, 2022
Bench: Sabina, Satyen Vaidya
REPORTABLE/NON-REPORTABLE
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 6th DAY OF JULY, 2022
BEFORE
.
HON'BLE MRS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SATYEN VAIDYA
CIVIL WRIT PETITION No. 4440 OF 2022
Between:-
SMT. URMIL W/O SH. VINOD KUMAR,
R/O VILLAGE SHANAI,
POST OFFICE, KOTLA BANGI,
TEHSIL PAJHOTA, TEHSIL RAJGARH,
DISTRICT SIRMAUR, H.P.
r ......PETITIONER
(BY MR. CHANDER SHEKHAR THAKUR, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH ITS PRINCIPAL SECRETARY
(EDUCATION), TO THE GOVT. OF
HIMACHAL PRADESH.
2. DIRECTOR ELEMENTARY EDUCATION,
HIMACHAL PRADESH, LALPANI,
SHIMLA, H.P.
3. DEPUTY DIRECTOR ELEMENTARY EDUCATION,
SIRMAUR AT NAHAN, HIMACHAL PRADESH.
4. BLOCK ELEMENTARY EDUCATION OFFICER,
RAJGARH, DISTRICT SIRMAUR, H.P.
5. SUB DIVISIONAL OFFICE (CIVIL) RAJGARH,
DISTRICT SIRMAUR, H.P.
...RESPONDENTS
(BY MR. VIKRANT CHANDEL, DEPUTY ADVOCATE
GENERAL)
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-2-
This petition coming on for admission before notice
this day, Hon'ble Mr. Justice Satyen Vaidya, passed the
.
following:
ORDER
Heard.
2. By way of instant petition, petitioner has prayed for the grant of following reliefs:
(i) To award marks of land donation to the petitioner rstrictly as per Clause 7 of the Annexure P-1 as the Annexure P-7 has been issued seventeen days after the last of submission of the application form that too without any prior information.
(ii) To quash and set-aside Annexure P-7, as it has been issued seventeen days after the last of submission of the application form with required documents whereas Annexure P-7 provides for more documents which can be submitted only if the date of submission of the application form is extended as averred by the petitioner regarding submission of certificate of a person living in extreme indigent conditions.
(iii) To award three marks to the petitioner being member of BPL family separately in addition to three marks being member of OBC category."
3. The case of petitioner is that the Government of ::: Downloaded on - 06/07/2022 20:03:59 :::CIS -3- Himachal Pradesh has framed and notified a policy "Part Time Multi Task Worker Policy, 2020 (for short "Policy") for the appointment of Part Time Multi Task Workers in the .
Government schools of Himachal Pradesh under Higher & Elementary Education Department. As per Clause 7 (iv) of the Policy, 8 marks are allocated for candidates whose families have donated land for school.
4. The petitioner applied for the post of Part Time Multi Task Worker lying vacant in Government Primary School, Kotla Bangi, Education Block, Rajgarh, District Sirmaur, H.P.
5. The grievance of the petitioner is that her grand father-in-law had donated land for Government Primary School, Kotla Bangi and she is a member of his family. She has been denied 8 marks under Clause 7 (iv) of the Policy and the action of respondents in that regard is arbitrary and illegal.
6. Sh. Chander Shekhar Thakur, learned counsel for the petitioner, has contended that the clarification issued by respondent No.2 on 24.05.2022 restricting the scope of members of family to "Land Donor or His/Her Spouse and their Children" under Clause 7 (iv) of the Policy, is bad in law.
::: Downloaded on - 06/07/2022 20:03:59 :::CIS -4-The action of respondents has been assailed to be bad in law as the meaning assigned to term members of the "family" in the Policy is in total contradiction with the definition of .
"family" provided under the Himachal Pradesh Panchayati Raj Act.
7. The nature of employment contemplated under the Policy is part time, that too, on contractual basis under the School Management Committees. The Part Time Multi Task Worker is entitled to consolidated honorarium of Rs.5625/-
per month for ten months in an academic year. It has specifically been provided in Clause 16 of the Policy that the persons appointed as Part Time Multi Task Worker under the Scheme, will have no right/claim for regularization/ absorption/appointment as regular Class-IV employees of the State Government. In these circumstances, the post of Part Time Multi Task Worker cannot be said to be a civil post. The Policy cannot be said to have any semblance of rules that can be framed under proviso to Article 309 of the Constitution of India. The Policy is an administrative measure of temporary nature. Therefore, the clarification dated 24.05.2022 issued by respondent No.2 cannot be said to be bad in law especially when the State Government has acted upon it.
::: Downloaded on - 06/07/2022 20:03:59 :::CIS -5-8. Clause 7 (iv) of the Policy only provided for grant of 8 marks to those candidates whose families have donated land for school. The term "families" as noticed above, had .
been used in general term. No details were provided as to who would be included in term "families". In view of this, the clarification dated 24.05.2022, is only clarificatory in nature.
9. The Policy to appoint the Part Time Multi Task Worker has no relation to the provisions of the Himachal Pradesh Panchayati Raj Act. The Policy has not been framed keeping in view the aims and objectives of the said Act. Thus, the contention raised on behalf of petitioner that clarification dated 24.5.2022 violates against definition of "family" under the Himachal Pradesh Panchayati Raj Act, is wholly misconceived.
10. Section 2 (13-B) of the Himachal Pradesh Panchayati Raj Act, reads as under:
"2(13-B)"family" means a joint family of all persons descended from common ancestor including adoption, who live, worship and mess together permanently as shown in the parivar register of the Gram Panchayat."
11. The purpose of defining "family" in aforesaid manner in the Himachal Pradesh Panchayati Raj Act is to achieve the objectives of the said Act. Whereas, the Policy has ::: Downloaded on - 06/07/2022 20:03:59 :::CIS -6- altogether different objectives viz.:
a) To provide Part Time Multi Task Worker in all the schools in Himachal Pradesh through creation of new posts.
.
b) To encourage decentralization of powers by empowering the SMCs in the effective running of Govt. Schools.
c) To provide an opportunity for the eligible unemployed candidates to earn honorarium at local level."
12. Thus, the "family" as defined in the Policy cannot be said to be bad in law merely because it is different than the definition of "family" in the Himachal Pradesh Panchayati Raj Act.
13. In view of above discussion, the petitioner has failed to make out any case for interference by this Court in exercise of jurisdiction under Article 226 of the Constitution of India.
14. The petition is accordingly disposed of in the aforesaid terms, so also the pending application(s), if any.
(Sabina)
Judge
6th July, 2022. (Satyen Vaidya)
(GR) Judge
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