Himachal Pradesh High Court
Sangita Devi vs State Of Himachal Pradesh Through on 18 October, 2022
Bench: Sabina, Sushil Kukreja
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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.4891 of 2022
Between:-
SANGITA DEVI, WIFE OF DEVI RAM,
RESIDENT OF VILLAGE KIMALI, POST
OFFICE, KANDA BANA, TEHSIL KUPVI,
DISTRICT SHIMAL, H.P . ......PETITIONER
(BY MR. HIRDYA RAM, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH THROUGH
ITS PRINCIPAL SECRETARY (EDUCATION) TO
THE GOVERNMENT OF HIMACHAL PRADESH.
2. DIRECTOR ELEMENTARY EDUCATION
HIMACHAL PRADESH, LALPANI, SHIMLA,HP.
3. DEPUTY DIRECTOR ELEMENTARY EDUCATION,
SHIMLA, DISTRICT SHIMLA, HIMACHAL PRADESH.
4. BLOCK ELEMENTARY EDUCATION OFFICER,
KUPVI, DISTRICT SHIMLA, HIMACHAL PRADESH.
5. SUB-DIVISIONAL OFFICER (CIVIL) KUPVI,
DISTRICT SHIMLA, H.P.
6. THE PRESIDENT, SCHOOL MANAGEMENT
COMMITTEE, GOVERNMENT PRIMARY SCHOOL
KIMALI, EDUCATION BLOCK KUPVI, DISTRICT
SHIMLA, H.P.
7. THE SECRETARY, GRAM PANCHAYAT KANDA
BABA, DEVELOPMENT BLOCK KUPVI, DISTRICT
SHIMLA, H.P.
8. RAKESH KUMAR, SONOF SHRI MANGAT RAM,
RESIDENT OF VILLAGE KIMALI, POST OFFICE,
KANDA BANA, TEHSIL KUPVI, DISTRICT SHIMLA,
H.P. ....... RESPONDENTS
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(MR. ANIL JASWAL, ADDITIONAL
ADVOCATE GENERAL, FOR R-1 TO R-5,
RESPONDENT NO.6 IN PERSON WITH
MR. VIRENDER CHAUHAN, ADVOCATE,
RESPONDENT NO.7 AND RESPONDENT
.
NO.8 IN PERSON)
_________________________________________________
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) To quash and set-aside the income certificate and PBL certificate of the respondent No.8 which has illegally been obtained with mala-fide intention despite the fact that the respondent No.8 has double storey pucca house and the family has a vehicle.
ii) To quash and set-aside the impugned office order dated 18-07-2022 i.e. Annexure P-2 qua the respondent No.8.
iii) To appoint the petitioner for the post of Part Time Multi Task Worker in GPS Kimali, Education Block Kupvi, District Shimla, Himachal Pradesh in the counseling/interview held on 30-06-2022 in the interest of justice and fair play.
iv) To direct the respondent No.5 to amend the income certificate of the petitioner in view of the condition of indigent certificate contained in Annexure P-5 because the competent authority has issued indigent certificate to the petitioner for which the income should not be more than Rs.35,000/-."::: Downloaded on - 20/10/2022 20:01:32 :::CIS 3
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 18th July, 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 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 ::: Downloaded on - 20/10/2022 20:01:32 :::CIS 4 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, 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 ( Sushil Kukreja) Judge October 18, 2022 (ks) ::: Downloaded on - 20/10/2022 20:01:32 :::CIS