Himachal Pradesh High Court
Kalpana Devi vs State Of Hp & Ors on 22 July, 2024
( 2024:HHC:5650-DB) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.4902/2022.
Date of Decision: 22nd July, 2024.
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Kalpana Devi .....Petitioner.
Versus
State of HP & Ors. .....Respondents.
Coram
The Hon'ble Mr. Justice Bipin Chander Negi, Judge.
Whether approved for reporting?1 For the Petitioner: Mr. Suresh Saini, Advocate.
For the Respondents: Mr. B.N. Sharma, Addl. Advocate General,
for respondents No.1 to 5, 7 and 8.
Mr. Ajay Kumar Dhiman, Advocate, for r respondent No.9.
Bipin Chander Negi, Judge (oral).
By way of this writ petition, the petitioner has prayed for the following reliefs:-
i. To award three marks for being in BPL category in addition to three marks for being in SC category as is being done in the recruitment scheme of Mid-day-
Meal Worker and the Multi Task Worker in PWD (Lok Nirman) as per Annexure P9(colly).
ii. To conduct impartial inquiry in the
ward certificate and disability
certificate of the respondent No.9.
iii. To quash and set aside the impugned office order dated 18.07.2022 i.e. Annexure P2 qua the respondent No.9.
iv. To appoint the petitioner for the post of Part Time Multi Task Worker in GPS Lohandhar, Education Block Kupvi, District Shimla, Himachal Pradesh in counselling /interview held on 29.06.2022 in the interest of justice and fair play.1
Whether reporters of Local Papers may be allowed to see the judgment? YES ::: Downloaded on - 23/07/2024 20:30:46 :::CIS 2
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 July, 2022. Hence, the petitioner could not avail the benefit of newly added Rule-19.
Learned counsel has further submitted that the petitioner will approach the Additional District Magistrate, Shimla, 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. In this respect reference has been made to a judgment passed by the Division Bench of this Court in CWP No.6794 of 2022, titled Ramesh Vs. State of HP & Ors., decided on 27.09.2022.
4. Rule-19, added 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 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 ::: Downloaded on - 23/07/2024 20:30:46 :::CIS 3 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
5. Keeping in view the submissions made by learned counsel for the petitioner, the Court deems it appropriate to dispose of the writ petition by permitting the petitioner to approach Additional District Magistrate, Shimla, 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.
6. 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 applications, if any, also stand disposed of.
(Bipin Chander Negi) Judge 22nd July, 2024 (Gaurav Rawat) ::: Downloaded on - 23/07/2024 20:30:46 :::CIS