Himachal Pradesh High Court
Shillai vs State Of Himachal Pradesh on 12 October, 2022
Bench: Sabina, Sushil Kukreja
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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 12th DAY OF OCTOBER, 2022
BEFORE
.
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SUSHIL KUKREJA
CIVIL WRIT PETITION No.6364 of 2022
Between:-
ANITA DEVI WIFE OF SHRI ATTAR
SINGH, RESIDENT OF VILLAGE
TIKKER, POST OFFICE AND TEHSIL
SHILLAI, DISTRICT SIRMOUR, H.P.
......PETITIONER
(BY MR. GAMBHIR SINGH CHAUHAN,
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, H.P.
3. DEPUTY DIRECTOR ELEMENTARY
EDUCATION SIRMOUR AT NAHAN,
HIMACHAL PRADESH.
4. BLOCK ELEMENTARY EDUCATION
OFFICER SHILLAI, DISTRICT
SIRMOUR, HIMACHAL PRADESH.
5. SUB-DIVISIONAL OFFICER (CIVIL)
SHILLAI, DISTRICT SIRMOUR, H.P.
6. SCHOOL MANAGEMENT
COMMITTEE GOVERNMENT
PRIMARY SCHOOL TIKKER,
EDUCATION BLOCK SHILLAI,
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DISTRICT SIRMOUR, H.P., THROUGH
ITS PRESIDENT.
7. PINKI WIFE OF SHRI KUMBIYA RAM,
RESIDENT OF VILLAGE NAYA POST
OFFICE AND TEHSIL SHILLAI,
.
DISTRICT SIRMOUR, H.P.
......RESPONDENTS
(BY MR. ANIL JASWAL,
ADDITIONAL ADVOCATE GENERAL)
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:-
"i). To quash Annexure P-1 i.e. selection list for the post of Part Time Multi Task Worker in GPS Tikker, Educational Block Shillai, District Simrmour, H.P., qua the respondent No.7.
ii) To quash and set aside Annexure P-8, as it has been issued seventeen days after the last date of submission of the documents along with application form whereas Annexure P-8 provides for more documents which can be submitted only if the date of submission of the application form is extended.
iii) To cancel the joining and agreement of respondent No.7 which has been accepting and entered into by respondent No.6.
iv) To award marks of land donation to the petitioner strictly as per Clause 7 of the Annexure P-2 as the Annexure P-8 has been issued seventeen days after ::: Downloaded on - 12/10/2022 20:05:50 :::CIS 3 the last of submission of the application form that too without any prior information.
v) To issue selection order of the petitioner in the .
counseling held on 24.06.2022 for the post of Part Time Multi Task Worker in GPS Tikker, Education Block Shilla, District Sirmour, H.P. in the interest of 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 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, Sirmaur at Nahan, District Sirmaur, H.P., 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 ::: Downloaded on - 12/10/2022 20:05:50 :::CIS 4 (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, Sirmaur at Nahan, District Sirmaur, H.P., 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.
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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
October 12, 2022(ps)
to (Sushil Kukreja)
Judge
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