Himachal Pradesh High Court
Between vs State Of Himachal Pradesh on 6 September, 2022
Bench: Sabina, Sushil Kukreja
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 6th DAY OF SEPTEMBER, 2022
BEFORE
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SUSHIL KUKREJA
.
CIVIL WRIT PETITION No.6178 of 2022
Between:-
SH. LAKHAN KUMAR, S/O LATE SH.
GURDIAL SINGH, R/O VILLAGE RIT,
POST OFFICE UPPERLI RIT, TEHSIL
NURPUR, DISTRICT KANGRA, H.P.-
176201.
......PETITIONER
(BY MR. ARUSH MATLOTIA, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY
(EDUCATION) TO THE GOVERNMENT
OF HIMACHAL PRADESH.
2. THE DIRECTOR, ELEMENTARY
EDUCATION, TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA.
3. THE DEPUTY DIRECTOR, ELEMENTARY
EDUCATION, KANGRA AT
DHARAMSHALA, DISTRICT KANGRA,
HIMACHAL PRADESH.
4. THE SUB-DIVISIONAL MAGISTRATE
(SDM) (CIVIL) NURPUR, DISTRICT
KANGRA, HIMACHAL PRADESH.
5. THE BLOCK PRIMARY EDUCATION
OFFICER (BPEO) EDUCATION
DEPARTMENT, BLOCK RAJA KA TALAB,
DISTRICT KANGRA, HIMACHAL
PRADESH.
6. THE SELECTION COMMITTEE, MULTI
TASK WORKER (MTW) NURPUR,
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2
DISTRICT KANGRA, HIMACHAL
PRADESH, THROUGH ITS CHAIRMAN,
I.E. SDM, NURPUR.
7. THE PRESIDENT SCHOOL MANAGE-
MENT COMMITTEE (SMC) G.P.S. RIT UN-
.
DER BLOCK PRIMARY EDUCATION
OFFICE RAJA KA TALAB, TEHSIL
NURPUR, DISTRICT KANGRA,
HIMACHAL PRADESH.
8. LEKH RAJ, S/O SH. LAL SINGH,
VILLAGE RIT, POST OFFICE UPPERLI
RIT, TEHSIL NURPUR, DISTRICT KAN-
GRA, H.P.- 176201.
......RESPONDENTS
(MR. ASHWANI SHARMA, ADDITIONAL
ADVOCATE GENERAL FOR R-1 TO 7)
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 substantive relief(s):-
"a) Issue a writ of Certiorari and quash and set aside the result of part time multi task worker in respect of GPS Rit under BPEO Raja Ka Talab, District Kangra, H.P. (Annexure P-5).
b) Issue a writ of Mandamus whereby directing the respondents to offer the appointment to petitioner for the post of part time MTW in respect of GPS Rit under BPEO Raja Ka Talab, District Kangra, H.P. ::: Downloaded on - 06/09/2022 20:12:08 :::CIS 3
c) Issue a writ of Mandmus whereby directing respondent No.4 to decide the pending representation of the petitioner (Annexure P-4)
iv) Issue a writ of Mandmus Or other appropriate writ .
order or direction, by direction respondent No.4 to send the case of the petitioner to medical board for re-examination regarding his disability. "
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 in the month of 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, Kangra at Dharamshala, 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 25th August, 2022, reads as under:-::: Downloaded on - 06/09/2022 20:12:08 :::CIS 4
"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 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 ::: Downloaded on - 06/09/2022 20:12:08 :::CIS 5 writ petition by permitting the petitioner to approach Additional District Magistrate, Kangra at Dharamshala, 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.
disposed of.
r to Pending miscellaneous application(s), if any, also stand ( Sabina ) Judge ( Sushil Kukreja ) Judge September 06, 2022 (reena) ::: Downloaded on - 06/09/2022 20:12:08 :::CIS