Himachal Pradesh High Court
Ravinder Singh vs State Of Himachal Pradesh & Ors on 18 November, 2022
Bench: Sabina, Sushil Kukreja
1
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 4845 of 2022
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Decided on: 18th November, 2022
Ravinder Singh ... Petitioner
Versus
State of Himachal Pradesh & Ors. ... Respondents
Coram
The Hon'ble Ms. Justice Sabina, Judge.
The Hon'ble Mr. Justice Sushil Kukreja, Judge.
Whether approved for reporting?1
For the petitioners : Mr. Ramesh Sharma, Advocate.
For respondents No. : Mr. Anil Jaswal and Mr. Ashwani
No. 1 to 3. Sharma, Additional Advocates
General.
For respondent No.4. : Mr. Surender Sharma, Advocate
Sabina , Judge, (Oral)
ORDER
Petitioner has filed the petition under Article 226 of the Constitution of India, seeking following relief(s):-
"(i). That a writ in the nature of mandamus or any other appropriate writ may kindly be issued thereby Selection of respondent No.4 as Part Time Multi Task Worker vide annexure P-12, may kindly be quashed and set-aside.1
Whether reporters of Local Papers may be allowed to see the judgment?
::: Downloaded on - 18/11/2022 20:32:51 :::CIS 1(ii) That the writ of mandamus may kindly be issued to respondent No.1-3, thereby they may kindly be directed prepare the fresh merit list after rejecting the candidature of the .
respondent No.4, and select and appoint the next meritorious candidate in his place as soon as possible.
(iii) That the entire relevant record of the case may kindly be ordered to be summoned from the respondents for the kind perusal of this Hon'ble Court, thereby cancelling the application of respondent No.4 and considering next meritorious one and appoint him as Part Time Multi Task Worker in Govt. Primary School Sertidhar forthwith.
(iv) That criminal proceeding may kindly also be directed to be initiated against the respondent No.4.
(v) That appropriate action may kindly also be taken against the Selection Committee for not enquiring into the authenticity of the forged document submitted by respondent No.4."
2. Learned counsel for the petitioner has submitted that now vide Addendum dated 25 th 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 18 th 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), Shimla, District Shimla, by way of an appeal, within 15 days from today and the same should not be rejected by the competent authority on the ::: Downloaded on - 18/11/2022 20:32:51 :::CIS 2 ground that it is time barred as the Rule-19 has been incorporated on 25th August, 2022.
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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 "Rule19 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."
::: Downloaded on - 18/11/2022 20:32:51 :::CIS 14. 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), Shimla, District 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, also stand disposed of.
(Sabina) Judge (Sushil Kukreja) Judge November 18, 2022 (Subhash/Gaurav) ::: Downloaded on - 18/11/2022 20:32:51 :::CIS