Himachal Pradesh High Court
Pradesh vs State Of Himachal Pradesh on 14 October, 2022
Bench: Sabina, Satyen Vaidya
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 14th DAY OF OCTOBER, 2022
BEFORE
.
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SATYEN VAIDYA
CIVIL WRIT PETITION No.5787 of 2022
Between:-
SUMITRA DEVI, WIFE OF LATE MOHAN LAL,
AGED 36 YEARS, RESIDENT OF VILLAGE
GOUNTH, POST OFFICE MAJHOLI, TEHSIL
KUPVI, DISTRICT SHIMLA, HIMACHAL
PRADESH. ......PETITIONER
(BY MR. KARAN SINGH KANWAR,
ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (EDUCATION)
TO THE GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA-2.
2. DIRECTOR ELEMENTARY EDUCATION,
HIMACHAL PRADESH, SHIMLA-1.
3. DEPUTY DIRECTOR OF ELEMENTARY
EDUCATION, SHIMLA, DISTRICT SHIMLA,
HIMACHAL PRADESH.
4. BLOCK ELEMENTARY EDUCATION OFFICER,
KUPVI, DISTRICT SHIMLA, HIMACHAL
PRADESH.
5. SUB DIVISIONAL MAGISTRATE, CHOPAL,
DISTRICT SHIMLA, HIMACHAL PRADESH.
6. TEHSILDAR, KUPVI, DISTRICT SHIMLA,
HIMACHAL PRADESH.
7. PATWARI, PATWAR CIRCLE, GOUNTH,
TEHSIL KUPVI, DISTRICT SHIMLA,
HIMACHAL PRADESH.
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2
8. SELECTION COMMITTEE FOR THE POST
OF PART TIME MULTI TASK WORKER FOR
GOVERNMENT PRIMARY SCHOOL, GOUNTH
THROUGH ITS CHAIRMAN-CUM-SUB
DIVISIONAL MAGISTRATE, KUPVI, DISTRICT
.
SHIMLA, HIMACHAL PRADESH.
9. SHRI RAJINDER SINGH, SON OF (NOT KNOWN
TO THE PETITIONER), TEHSILDAR, KUPVI,
DISTRICT SHIMLA, HIMACHAL PRADESH.
10. SHRI SATPAL SHARMA, SON OF (NOT KNOWN
TO THE PETITIONER), PATWARI, PATWAR
CIRCLE GOUNTH, TEHSIL KUPVI, DISTRICT
SHIMLA, HIMACHAL PRADESH.
11. PARTAP SINGH, SON OF SH. LAIQ RAM,
RESIDENT OF VILLAGE GOUNTH, POST OFFICE,
MANJHOLI, TEHSIL KUPVI, DISTRICT SHIMLA,
HIMACHAL PRADESH. ......RESPONDENTS
(BY MR. ANIL JASWAL, ADDITIONAL
ADVOCATE GENERAL, FOR R-1 TO
R-7)
___________________________________________________
This Civil Writ 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 income certificate (Annexure P-11) may kindly be quashed and set aside with all consequences for the reasons and grounds mentioned hereinabove and the respondents be directed to issue fresh Income Certificate to the petitioner.
(ii) That office order dated 18.7.2022 (Annexure P-14) may kindly be quashed and set aside so far as it pertains to the selection of respondent no.11 to the post of Multitask worker GPS Gounth and the ::: Downloaded on - 14/10/2022 20:04:15 :::CIS 3 selection process be held again after issuing correct income certificate to the petitioner and awarding her marks on the basis of correct income certificate.
(iii) That in the alternative, it is prayed that the .
appointment to the spot of Multi Task Worker in Government Primary School, Gounth, Education Block Chopal, District Shimla, Himachal Pradesh may be made subject to outcome of this writ petition.
iv) That appropriate action in law be taken against respondents No.6 and 7 for acting contrary to the rules, law and Land Record Manual, while issuing income certificates to the petitioner and other persons, who are candidates for the post of Multi Task Worker in Government Primary School, Gounth.
v) That the respondents may kindly be directed to issue a correct income certificate in favour of the petitioner on the basis of her status, land holdings and employment status in a time bound manner."
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 on 18.7.2022. 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, Shimla, by way of an appeal within 15 days from ::: Downloaded on - 14/10/2022 20:04:15 :::CIS 4 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.
4 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 ::: Downloaded on - 14/10/2022 20:04:15 :::CIS 5 by permitting the petitioner to approach Additional District Magistrate, Shimla, 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, shall also stand disposed of.
( Sabina ) Judge ( Satyen Vaidya) Judge October 14, 2022 (ks) ::: Downloaded on - 14/10/2022 20:04:15 :::CIS