Himachal Pradesh High Court
Mandi vs State Of H.P. Through Secretary on 26 September, 2022
Bench: Sabina, Sushil Kukreja
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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 26th DAY OF SEPTEMBER, 2022
BEFORE
.
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SUSHIL KUKREJA
CIVIL WRIT PETITION No.5496 of 2022
Between:-
BHUVANESHARI DEVI, WIFE OF
SHRI PADAM NABH, AGED 34 YEARS,
RESIDENT OF VILLAGE-PIPALI, POST
OFFICE, TROH, TEHSIL BALH, DISTRICT
MANDI, H.P. ......PETITIONER
(BY MR. H.S. RANGRA, ADVOCATE)
AND
1. STATE OF H.P. THROUGH SECRETARY
(EDUCATION) TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA-171002.
2. DIRECTOR ELEMENTARY EDUCATION,
DIRECTORATE OF EDUCATION LALPANI,
SHIMLA, H.P.
3. DEPUTY DIRECTOR, ELEMENTARY EDUCATION,
MANDI, DISTRICT MANDI, H.P.
4. THE CHAIRMAN-CUM-SUB DIVISIONAL
OFFICER (CIVIL), BALH, TEHSIL BALH,
DISTRICT MANDI, H.P.
5. BLOCK PRIMARY EDUCATION OFFICER,
BALH AT BHANGROTU, TEHSIL BALH,
DISTRICT MANDI, H.P.
6. PRESIDENT, SCHOOL MANAGEMENT
COMMITTEE, GOVERNMENT PRIMARY
SCHOOL, PIPALI, TEHSIL BALH, DISTRICT
MANDI, H.P.
7. ARCHANA SHARMA, W/O SH. DESH RAJ,
RESIDENT OF VILLAGE PIPALI, POST OFFICE,
TROH, TEHSIL BALH, DISTRICT MANDI,
H.P. ....... RESPONDENTS
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(MR. ANIL JASWAL, ADDITIONAL ADVOCATE
GENERAL, FOR R-1 TO R-5,
MR. GAMBHIR CHAUHAN, ADVOCATE,
.
FOR R-7)
_________________________________________________
This Petition is 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 or any other appropriate writ, order or directions may kindly be issued quashing the selection of respondent No.7 for the post of Part Time Multi Task Worker in Government Primary School-Pipli, Ed. Block Balh at Bhagrotu, Distt. Mandi, H.P., being violation of the guide Lines Qua the issue NO.3(b) under clause No.7 of the Policy, in the interest of justice.
ii) That a writ in the nature of Mandamus or any other appropriate writ, order or directions may kindly be issued directing the respondents to consider the indigent certificate (Annexure P-2/F) of the Petitioner for the post of Part Time Multi Task Worker in Government Primary School, Pipli, Ed. Block Balh at Bhagrotu, Distt. Mandi, H.P., being a family as per Parivar Register, in the interest of justice.
iii) that the writ in the nature of mandamus may kindly be issued, directing the respondents that appointment may kindly be given to the petitioner to the post of Part Time Multi Task Worker in Government Primary School-Pipli, Ed. Block Balh at ::: Downloaded on - 26/09/2022 20:04:26 :::CIS 3 Bhagrotu, Distt. Mandi, H.P., if found meritorious, with all consequential benefits, in the interest of justice. Or in alternative."
.
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 Magistrate, Mandi, 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.
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 ::: Downloaded on - 26/09/2022 20:04:26 :::CIS 4 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, Mandi, 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 ( Sushil Kukreja) Judge September 26, 2022 (ks) ::: Downloaded on - 26/09/2022 20:04:26 :::CIS