Himachal Pradesh High Court
Hamirpur vs State Of Himachal Pradesh Through on 20 September, 2022
Bench: Sabina, Sushil Kukreja
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 20th DAY OF SEPTEMBER, 2022
.
BEFORE
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SUSHIL KUKREJA
CIVIL WRIT PETITION No. 4745 of 2022
BETWEEN:-
SUMNA DEVI,
WIFE OF SURJEET KUMAR,
R/O VILLAGE BADHERA,
WARD NO.2, P.O. BATRAN,
GRAM PANCHAYAT MANJHELI,
TESHIL NADAUN, DISTRICT
HAMIRPUR, (HIMACHAL PRADESH)
AGED ABOUT 44 YEARS, OCCUPATION
HOUSE WIFE.
....PETITIONER
(BY MR. DINESH KUMAR)
ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH THROUGH
SECRETARY(EDUCATION) TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA-2.
2. DIRECTOR ELEMENTARY EDUCATION, HIMACHAL
PRADESH, SHIMLA-1.
3. DEPUTY DIRECTOR, ELEMENTARY, EDUCATION
HAMIRPUR, DISTRICT HAMIRPUR.
4. SUB-DIVISIONAL MAGISTRATE, NADAUN, TEHSIL
NADAUN, DISTT. HAMIRPUR, HIMACHAL PRADESH.
5. BLOCK PRIMARY ELEMENTARY EDUCATION OFFICER,
GALORE, TEHSIL NADAUN, DISTT. HAMIRPUR, HIMACHAL
PRADESH.
6. SCHOOL MANAGEMENT COMMITTEE, GOVERNMENT
MIDDLE SCHOOL BADHERA, TEHSIL NADAUN, DISTRICT
HAMIRPUR, THROUGH ITS PRESIDENT.
7. GRAM PANCHAYAT MANJHELI, TEHSIL NADAUN,
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DISTRICT HAMIRPUR, THROUGH ITS SECRETARY.
8. SH. PUNEET KUMAR, S/O ONKAR DUTT, RESIDENT OF
VILLAGE THAAN, P.O. KANGOO, TEHSIL NADAUN,
DISTRICT HAMIRPUR, H.P.
.
....RESPONDENTS
(MR. VIKRANT CHANDEL,
DEPUTY ADVOCATE GENERAL, FOR R-1 TO R-5
MR. TEK CHAND, ADVOCATE ON
BEHALF OF MR. LOVNEESH KANWAR,
ADVOCATE, FOR R-7.
MR. BHUVNESH SHARMA, 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 reliefs: -
"a) the respondent no. 8 may be declared as ineligible candidate for the post of part time multi task worker post for Government Middle School Badhera, Tehsil Nadaun, District Hamirpur on account of rule 3 of Part Time Multi Task Worker Policy, 2020.
b) the recommendation made by respondent no. 1 to 7in favour of respondent no. 8 for the post of part time multi task worker post for Government Middle School Badhera, Tehsil Nadaun, District Hamirpur vide annexure P10 may be declared Wrong, illegal, null and void being in violation of 12 JUL 2022 Part Time Multi Task Worker Policy, 2020 and amended as up to date i.e. annexure Pl and P2.::: Downloaded on - 20/09/2022 20:10:37 :::CIS 3
c) the appointment of respondent no. 8, if made by respondent no. 1 to 7 as part time multi task worker to the posts advertised for Government Middle School Badhera, .
Tehsil Nadaun, Distt. Hamirpur, may very kindly be declared wrong, illegal, null and void and he may be debarred from discharging the duties of part time multi task worker and respondent no. 1 to 7 be restrained from issuing salary or wages in favour of respondent no. 8.
d) the petitioner be declared as candidate eligible to be appointed as part time multi task worker for the advertised post qua Government Middle School Badhera, Tehsil Nadaun, Distt. Hamirpur, and respondent no.1 to 7 be directed to issue appointment letter for the herein above mentioned post in favour of petitioner."
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 4th 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 (ADM), Hamirpur, District Hamirpur, by way of an appeal, within 15 days from today and the same should not be rejected by the competent authority on the ground ::: Downloaded on - 20/09/2022 20:10:37 :::CIS 4 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, H.P. by way of an appeal, within ::: Downloaded on - 20/09/2022 20:10:37 :::CIS 5 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, also stand disposed of.
r to ( Sabina )
Judge
( Sushil Kukreja )
Judge
September 20, 2022
(ravinder)
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