Himachal Pradesh High Court
Chankoli vs The State Of Himachal Pradesh on 18 October, 2022
Bench: Sabina, Sushil Kukreja
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 18th DAY OF OCTOBER, 2022
BEFORE
HON'BLE MS. JUSTICE SABINA
.
&
HON'BLE MR. JUSTICE SUSHIL KUKREJA
CIVIL WRIT PETITION No. 4649 of 2022
Between:-
DESH RAJ
SON OF SH. BALBIR SINGH, AGED
ABOUT 32 YEARS, OCCUPATION
UNEMPLOYED, R/O VILLAGE
CHANKOLI, POST OFFICE MILLAH,
TEHSIL SHILLAI, DISTRICT
SIRMOUR, H.P.
.... PETITIONER
(BY MR. ANIL MANGET,
ADVOCATE)
AND
1. THE STATE OF HIMACHAL PRADESH
THROUGH ITS PRINCIPAL SECRETARY
(EDUCATION), TO THE GOVERNMENT OF
HIMACHAL PRADESH,
2. DIRECTOR ELEMENTARY EDUCATION
HIMACHAL PRADESH LALPANI, SHIMLA, H.P.
3. DEPUTY DIRECTOR ELEMENTARY EDUCATION
SHILLAI, DISTRICT SIRMOUR, H.P.
4. BLOCK ELEMENTARY EDUCATION OFFICER
SHILLAI,DISTRICT SRIMOUAR, H.P
5. SUB-DIVISIONAL OFFICER (CIVIL)
SHILLAI, DISTRICT SIRMOUR, H.P.
6. SH. AMIT KUMAR,
S/O SH. RAMESH CHAND, R/O VILLAGE PAAB,
POST OFFICE MILLAH, TEHSIL SHILLAI,
DISTRICT SIRMOUR, H.P.
.... RESPONDENTS
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2
(BY MR. ANIL JASWAL, ADDITIONAL
ADVOCATE GENERAL, FOR R-1 TO
R-5)
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 reliefs: -
"i). That the petitioner may kindly be awarded 8 marks for donation of land in favour of petitioner as per the provision made in the notification issued by govt. of Himachal Pradesh w.r.t. Multi Task Workers.
ii). That selection/appointment of private respondent No.6 may kindly be quashed and set aside at the cost of multi task worker at Govt. Primary School Badwa, Tehsil Shillai, Primary/Elementary Education Block Shillai, District Sirmour, H.P.
iii) That present petitioner may kindly be selected and given appointment at Govt. Primary School Badwa, Tehsil Shillai, Primary/Elementary Education Block Shillai, District Sirmour, H.P."
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 June,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 ::: Downloaded on - 19/10/2022 20:02:11 :::CIS 3 Magistrate (ADM), Sirmour, at Nahan, 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 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:
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 - 19/10/2022 20:02:11 :::CIS 4 (ADM), Sirmour, at Nahan, 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.
Pending miscellaneous application(s), if any, also stand disposed of.
r to (Sabina)
Judge
(Sushil Kukreja )
Judge
October 18, 2022
(ravinder)
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