Himachal Pradesh High Court
Sunil Kumar vs The State Of Himachal Pradesh on 19 September, 2022
Bench: Sabina, Sushil Kukreja
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 19th DAY OF SEPTEMBER, 2022
.
BEFORE
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SUSHIL KUKREJA
CIVIL WRIT PETITION No. 4693 of 2022
Between:-
SUNIL KUMAR,
S/O LATE SH. DHARAM SINGH,
RESIDENT OF VILLAGE CHAUKI, POST
OFFICE TAL, TEHSIL & DISTRICT
HAMIRPUR, HIMACHAL PRADESH.
....PETITIONER
(BY MR. LALIT KUMAR SEHGAL,
ADVOCATE)
AND
1. THE STATE OF HIMACHAL PRADESH
THROUGH ITS PRINCIPAL SECRETARY
(EDUCATION), SHIMLA-2, H.P.
2. THE SELECTION COMMITTEE,
GOVERNMENT PRIMARY SCHOOL
TAL, DISTRICT HAMIRPUR, H.P.
THROUGH ITS CHAIRMAN SUB-
DIVISIONAL OFFICER (CIVIL)
HAMIRPUR, DISTRICT HAMIRPUR,
HIMACHAL PRADESH.
3. THE DIRECTOR OF ELEMENTARY
EDUCATION, HIMACHAL
PRADESH,171001.
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2
4. THE BLOCK ELEMENTARY
EDUCATION OFFICER, DISTRICT
HAMIRPUR, HIMACHAL PRADESH.
5. SMT. SHRESTHA KUMARI, W/O SH.
.
PAWAN KUMAR, VILLAGE CHAUKI
KANKARI, POST OFFICE TAL, TEHSIL &
DISTRICT HAMIRPUR, HIMACHAL
PRADESH.
6. SCHOOL MANAGEMENT COMMITTEE,
GOVERNMENT PRIMARY SCHOOL TAL,
DISTRICT HAMIRPUR, H.P., THROUGH
ITS PRESIDENT.
....RESPONDENTS
(MR. VIKRANT CHANDEL,
DEPUTY ADVOCATE GENERAL, FOR R-1 TO R-4)
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 reliefs:-
"i. That the impugned act and conduct of the respondents recommending Smt. Shrestha Kumari (private respondent) for appointment to the post of Part Time Multi Task Worker at two places i.e. i) Government Primary School Tal, District Hamirpur, H.P. and ii) Government Primary School Chowki Kankari, District Hamirpur, H.P. AND not recommending the petitioner for appointment to the post of Part Time Multi Task Worker at Government Primary School Tal, District Hamirpur, H.P. AND placing him at Sr. No.1 in the waiting may kindly be held unconstitutional, illegal, arbitrary, harsh, malafide, unjust, against the aim, ::: Downloaded on - 19/09/2022 20:06:39 :::CIS 3 object and spirit of the Part Time Multi Task Worker Policy, the principles of natural justice and legitimate expectation, in the interest of law and justice.
.
(ii) The appointment of the private respondent No. 5, Smt. Shrestha Kumari to the post of Part Time Multi Task Worker at Government Primary School Tal, District Hamirpur, H.P., may kindly be held illegal, arbitrary, unconstitutional, unjust and against aim, object and spirit of the Part Time Multi Task Worker Policy and may kindly be quashed and set aside
(iii) That the respondents may kindly be directed to recommend the petitioner for appointment to the post of Part Time Multi Task Worker at Government Primary School Tal, District Hamirpur, H.P., in the peculiar facts and circumstances of the case and in the interest of law and justice and fair play"
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 (ADM), Hamirpur, District Hamirpur, by way of an appeal, within 15 days from today and the same should not be rejected by the ::: Downloaded on - 19/09/2022 20:06:39 :::CIS 4 competent authority on the ground that it is time barred as the Rule-19 has been incorporated on 25th August, 2022.
Rule-19, provided vide Addendum dated 25th August, .
3. 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:
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 by permitting the petitioner to approach Additional District Magistrate (ADM), Hamirpur, District Hamirpur, by way of an appeal, within 15 ::: Downloaded on - 19/09/2022 20:06:39 :::CIS 5 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, also stand disposed of.
r to (Sabina)
Judge
(Sushil Kukreja )
Judge
September 19, 2022
(ravinder)
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