Himachal Pradesh High Court
Solan vs State Of Himachal Pradesh on 7 September, 2022
Bench: Sabina, Sushil Kukreja
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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 7TH DAY OF SEPTEMBER, 2022
.
BEFORE
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SUSHIL KUKREJA
CIVIL WRIT PETITION No.6200 of 2022
Between:-
r to
REENA W/O SH. SUKH RAM,
VILLAGE RABON, POST OFFICE
SAPROON, TEHSIL & DISTRICT
SOLAN, H.P.
....PETITIONER
(BY MR. MUKESH SHARMA, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH ITS PRINCIPAL
SECRETARY (EDUCATION) TO THE
GOVERNMENT OF HIMACHAL
PRADESH.
2. DIRECTOR ELEMENTARY
EDUCATION HIMACHAL
PRADESH, SHIMLA, DISTRICT
SHIMLA.
3. DEPUTY DIRECTOR,
ELEMENTARY EDUCATION,
SOLAN, DISTRICT SOLAN,
HIMACHAL PRADESH.
4. BLOCK ELEMENTARY EDUCATION
OFFICER DHARAMPUR, DISTRICT
SOLAN, HIMACHAL PRADESH.
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5. SUB-DIVISIONAL OFFICER (CIVIL)
DHARAMPUR, DISTRICT SOLAN,
H.P.
.
6. SAPNA WIFE OF SH. SUBHASH
VILLAGE RABON, POST OFFICE
SAPROON TEHSIL & DISTRICT
SOLAN, H.P. HIMACHAL
PRADESH.
....RESPONDENTS
(BY MR. VIKRANT CHANDEL,
DEPUTY 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). That the impugned select list vide Annexure-P/2 qua selection of the respondent No.6 to the post of Part Time Multi Task Worker at GPS Raboun on the basis of impugned comparative merit chart vide Annexure P/6 may kindly be quashed and set aside.
ii) That the impugned comparative merit chart vide Annexure P/6 may kindly be quash and set aside.
iii) That the respondents may kindly be directed to award 8 Marks to the petitioner under the head of "applicant belongs to the same ward of panchyat" as per the Part Time Multi Task Worker Policy, 2020 vide Annexure P/3 and then to prepare fresh merit list and to declare the petitioner as a selected candidate.::: Downloaded on - 07/09/2022 20:17:06 :::CIS 3
iv) That the petitioner may kindly be declared as selected for the post of Part Time Multi Task Worker at GPS Raboun .
and respondents may kindly be directed to offer appointment to the petitioner forthwith."
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 18th 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, Solan, 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:::: Downloaded on - 07/09/2022 20:17:06 :::CIS 4
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, Solan, 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.
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(Sabina) Judge (Sushil Kukreja) Judge September 07, 2022(ps) ::: Downloaded on - 07/09/2022 20:17:06 :::CIS