Himachal Pradesh High Court
Bilaspur vs State Of Himachal Pradesh on 31 August, 2022
Bench: Sabina, Sushil Kukreja
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
.
ON THE 31st DAY OF AUGUST, 2022
BEFORE
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SUSHIL KUKREJA
CIVIL WRIT PETITION No.5985 of 2022
Between:-
RAJNEESH THAKUR,
S/O SHRI RAM SINGH,
AGED 21 YEARS, RESIDENT OF
VILLAGE LOHARDA, P.O. DEOTH,
TEHSIL SADAR, DISTRICT
BILASPUR, H.P.
....PETITIONER
(BY MR. JIYA LAL BHARDWAJ,
ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (EDUCATION)
TO THE GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA-171002
2. THE DIRECTOR OF ELEMENTARY
EDUCATION, HIMACHAL
PRADESH, SHIMLA-171001.
3. THE SUB-DIVISIONAL OFFICER
(CIVIL) SADAR, DISTRICT
BILASPUR, HIMACHAL PRADESH.
4. THE BLOCK ELEMENTARY
EDUCATION OFFICER-CUM -
MEMBER SECRETARY, SADAR,
DISTRICT BILASPUR, H.P.
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5. THE PRESIDENT, SCHOOL
MANAGEMENT COMMITTEE,
GOVERNMENT PRIMARY SCHOOL
LUHARDA, TEHSIL SADAR,
.
DISTRICT BILASPUR, H.P.
6. SMT. SEEMA DEVI, W/O SHRI
DESH RAJ, RESIDENT OF
VILLAGE SAMARI, P.O. DEOTH,
TEHSIL SADAR, DISTRICT
BILASPUR, H.P.
....RESPONDENTS
(MR. ASHWANI SHARMA,
ADDITIONAL ADVOCATE GENERAL,
FOR R-1 TO R-4)
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 relief(s):-
"i) That a writ in the nature of certiorari may kindly be issued to quash the recommendation made vide Annexure P-5 and thereafter appointment of respondent No.6 made by respondent No.4 vide Annexure P-6, order/letter dated 05.07.2022 on the basis of recommendations made by respondents No. 3 to 5 for the post of Part Time Multi Task Worker in Government Primary School Loharda, Tehsil Sadar, District Bilaspur, H.P.;
ii) That a writ in the nature of mandamus may kindly be issued directing respondents No. 3 to 5 to offer the appointment to the petitioner as Part Time Multi Task Worker in Government Primary School ::: Downloaded on - 01/09/2022 20:03:37 :::CIS 3 Loharda,Tehsil Sadar, District Bilaspur, H.P. w.e.f.
05.07.2022 with all consequential benefits, i.e. seniority, salary, increments, when respondent No.6 .
was appointed by respondent No.4 and further the arrears of salary w.e.f. 05.07.2022 may kindly be ordered to be paid alongwith interest @9% per annum from the date the same fell due till actual payment;
iii) That a writ of mandamus may kindly be issued to recover the amount of salary to be paid to the petitioner from respondents No. 3 to 5 since they have intentionally, malafide and arbitrarily offered the appointment to respondent No.6 alongwith interest."
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.6 was made on 5th 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), Bilaspur, District Bilaspur, 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.
::: Downloaded on - 01/09/2022 20:03:37 :::CIS 43. 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 Government of Himachal Pradesh."::: Downloaded on - 01/09/2022 20:03:37 :::CIS 5
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), Bilaspur, District Bilaspur, 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 merits.
r to not be rejected on the ground of delay, but would be disposed of on Pending miscellaneous application(s), if any, also stand disposed of.
(Sabina) Judge (Sushil Kukreja ) Judge August 31, 2022 (VH) ::: Downloaded on - 01/09/2022 20:03:37 :::CIS