Himachal Pradesh High Court
Nivesh Singh vs State Of H.P. & Others on 24 November, 2022
Bench: Sabina, Sushil Kukreja
1
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 8137 of 2022.
Date of Decision : November 24, 2022.
.
Nivesh Singh ......Petitioner.
Versus
State of H.P. & Others ......Respondents
Coram:
The Hon'ble Ms. Justice Sabina, Judge
The Hon'ble Mr. Justice Sushil Kukreja, Judge.
Whether approved for reporting?1
For the petitioner
For the respondents
r :
:
Mr. Parikshit, Advocate on behalf of
Mr. Vipin Pandit, Advocate.
Mr. Ashwani Sharma, Additional
Advocate General for respondents
No.1 to 6.
Sabina, Judge. (Oral)
Petitioner has filed the petition under Article 226 of the Constitution of India, seeking following relief:-
"a). the respondent No.7 may be declared as ineligible candidate for the post of part time multi task worker post for Government Primary School Patti Kalyanpur, Tehsil Arki, District Solan on account of rule 3 of Part Time Multi Task Worker Policy, 2020 and amended in year, 2022.
b) the recommendation/selection made by respondent no.1 to 5 in favour of respondent No.7 for the post of part time multi tasks worker post for Government Primary School Kalyanpur, Tehsil Arki, District Solan, H.P. vide annexure P-3 may be declared wrong, illegal, null and void being in violation of 1 Whether reporters of Local Papers may be allowed to see the judgment?::: Downloaded on - 24/11/2022 20:37:58 :::CIS 2
Part Time Multi Task Worker Policy, 2020 and amended as up to date i.e. annexure P1 and P2.
c) the appointment of respondent No.7, if made by respondent .
no.1 to 5 as part time multi task worker to the posts advertised for Government Primary School Kalyanpur, Tehsil Arki, Distt. Solan, may very kindly be declared wrong, illegal, null and void and she be debarred from discharging the duties of part time multi task worker and respondent no.1 to 5 be restrained from issuing salary or wages in favour of respondent no.7.
d) the petitioner be declared as candidate eligible to be appointed as part time multi task worker for the advertised post qua Government Primary School Kalyanpur, Tehsil Arki, District Solan and respondent no.1 to 5 be directed to issue appointment letter for the herein above mentioned post in favour of petitioner."
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, Solan, by way of an appeal within 15 days from today and the same should not be rejected by the competent authority on the ::: Downloaded on - 24/11/2022 20:37:58 :::CIS 3 ground that it is time barred as Rule 19 has been incorporated on 25th August, 2022.
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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:
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, ::: Downloaded on - 24/11/2022 20:37:58 :::CIS 4 Solan, 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.
6. Pending miscellaneous application(s), if any, shall also stand disposed of. r (Sabina) Judge (Sushil Kukreja) Judge November 24, 2022 (ps) ::: Downloaded on - 24/11/2022 20:37:58 :::CIS