Himachal Pradesh High Court
Smt. Sunita Sharma (Aged 42 vs State Of Himachal Pradesh on 14 November, 2022
Bench: Sabina, Sushil Kukreja
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 14th DAY OF NOVEMBER, 2022
.
BEFORE
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SUSHIL KUKREJA
CIVIL WRIT PETITION No.4652 of 2022
Between:-
SMT. SUNITA SHARMA (AGED 42
YEARS), W/O LATE SHRI RAMAN
KUMAR V.P.O. BADSALA TEHSIL
UNA, DISTRICT UNA, HIMACHAL
PRADESH.
....PETITIONER
(BY MS. SHRUTIKA, ADVOCATE
ON BEHALF OF MR. DHEERAJ K.
VASHISHT, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
(THROUGH SECRETARY
EDUCATION TO THE
GOVERNMENT OF HIMACHAL
PRADESH).
2. DIRECTOR ELEMENTARY
EDUCATION SHIMLA (LALPANI
SCHOOL ROAD, NEAR VIDHAN
SABHA, CHAURA MAIDAN,
SHIMLA, HIMACHAL PRADESH
171003).
3. DEPUTY DIRECTOR ELEMENTARY
EDUCATION DISTRICT UNA.
4. DEPUTY COMMISSIONER UNA,
DISTRICT UNA (HP)
5. THE SUB-DIVISIONAL OFFICER
(CIVIL), UNA, DISTRICT UNA,
HIMACHAL PRADESH-CUM-
CHAIRMAN, PART TIME MULTI
TASK WORKER SELECTION
COMMITTEE.
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2
6. BLOCK ELEMENTARY EDUCATION
TEHSIL UNA, DISTRICT UNA,
HIMACHAL PRADESH .
7. NAIB-TEHSILDAR, TEHSIL UNA
.
DISTRICT UNA, HIMACHAL
PRADESH.
8. SMT. MEENA KUMAR, W/O LATE
ANIL KUMAR, VPO BADSALA
TEHSIL UNA, DISTRICT UNA,
HIMACHAL PRADESH.
....RESPONDENTS
(MR. ANIL JASWAL, ADDITIONAL
ADVOCATE GENERAL FOR R-1 TO R-7
MR. SHUBHAM SOOD, ADVOCATE ON
BEHALF OF MR. PIYUSH, ADVOCATE FOR R-8.)
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 relief:-
"A. That a writ in the nature of Certiorari or any other appropriate writ, order or direction may kindly be issued quashing and setting aside the action of Respondents whereby the Private Respondent has been offered the appointment of Part Time Multi Task Worker in Government Middle School Badshala.
B. That a writ in the nature of Mandamus or any other appropriate writ, order or direction may kindly be issued directing the respondents to subsequently offer the petitioner the appointment on the post of Part Time Multi Task Worker in Government Middle School Badsala. "
2. Learned counsel for the petitioner has submitted that now vide Addendum dated 25th August, 2022, Rule-19 has been ::: Downloaded on - 15/11/2022 20:33:19 :::CIS 3 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, Una, 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 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 16 th 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 ::: Downloaded on - 15/11/2022 20:33:19 :::CIS 4 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, Una, 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.
(Sabina)
Judge
(Sushil Kukreja)
November 14, 2022(ps) Judge
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