Himachal Pradesh High Court
Ward No.2 vs State Of Himachal Pradesh Through on 18 October, 2022
Bench: Sabina, Sushil Kukreja
1 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 18th DAY OF OCTOBER, 2022 .
BEFORE HON'BLE MS. JUSTICE SABINA & HON'BLE MR. JUSTICE SUSHIL KUKREJA CIVIL WRIT PETITION No.5885 of 2022 Between:-
SANGEETA DEVI , WIFE OF LATE JOGINDER SINGH, AGED 35 YEARS, RESIDENT OF WARD NO.2, VILLAGE SIHRA, TEHSIL SADAR, DISTRICT BILASPUR, HIMACHAL PRADESH. ......PETITIONER (BY MR. ROHIT CHAUHAN, ADVOCATE ON BEHALF OF ARUN SEHGAL, 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 OF ELEMENTARY EDUCATION, SHIMLA, DISTRICT BILASPUR, HIMACHAL PRADESH.
4. BLOCK ELEMENTARY EDUCATION OFFICER, SADAR (BILASPUR), DISTRICT SIRMAUR, HIMACHAL PRADESH.
5. SELECTION COMMITTEE FOR THE POST OF PART TIME MULTI TASK WORKER FOR GOVERNMENT PRIMARY SCHOOL SIHRA KHAS THROUGH ITS CHAIRMAN-CUM-SUB DIVISIONAL MAGISTRATE, BILASPUR, DISTRICT BILASPUR, HIMACHA PRADESH.::: Downloaded on - 19/10/2022 20:02:23 :::CIS 2
6. SHRI NARESH KUMAR, SON OF SHRI SHYAM LAL, RESIDENT OF VILLAGE SIHRA, POST OFFICE, BINOLA, TEHSIL SADAR, DISTRICT BILASPUR, HIMACHAL PRADESH. ....... RESPONDENTS .
(BY MR. ANIL JASWAL, ADDITIONAL ADVOCATE GENERAL, FOR R-1 TO R-4, MR. PAWNISH K. SHUKLA, ADVOCATE, FOR R-6) _________________________________________________ This Petition is coming on for admission this day, Hon'ble Ms. Justice Sabina, passed the following:
r ORDER Petitioner has filed the petition under Article 226 of the Constitution of India, seeking following relief(s):-
"i) That annexure P-3, dated 30.6.2022, whereby appointment has been given to private respondent as Multi Task Worker in Government Primary School Sihra Khas, Education Block Sadar Bilaspur, Himachal Pradesh may be quashed and set aside.
ii) That respondent N.5 selection committee may be directed to reassess the merits on the basis of interview for the post of Multi Task Worker in Government Primary School Sihra Khas held on 30.6.2022 and after taking into account aforesaid submissions, it may be directed to draw a fresh merit and if the petitioner is found eligible and suitable, she may be given appointment to the post of Multi Task worker in Government Primary School Sihra Khas."::: Downloaded on - 19/10/2022 20:02:23 :::CIS 3
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 30th 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, Bilaspur, 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 the 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 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.
4 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 ::: Downloaded on - 19/10/2022 20:02:23 :::CIS 4 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, Bilaspur, 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, shall also stand disposed of.
( Sabina ) Judge ( Sushil Kukreja) Judge October 18, 2022 (ks) ::: Downloaded on - 19/10/2022 20:02:23 :::CIS