Himachal Pradesh High Court
Kangar District Una vs State Of Himachal Pradesh on 4 November, 2022
Bench: Sabina, Sushil Kukreja
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 4th DAY OF NOVEMBER, 2022
BEFORE
.
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SUSHIL KUKREJA
CIVIL WRIT PETITION No.4626 of 2022
Between:-
SHRI MOHIT KUMAR (AGED 22 YEARS),
S/O MUKESH CHAND, R/O WARD NO.1,
VPO KANGAR TEHSIL HAROLI VTC
KANGAR DISTRICT UNA, HIMACHAL
PRADESH.
r ......PETITIONER
(BY MR. DHEERAJ K. VASHISHT,
ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
(THROUGH SECRETARY EDUCATION
TO THE GOVERNMENT OF
HIMACHAL PRADESH).
2. DIRECTOR ELEMENTARY
EDUCATION SHIMLA (LALPANI
SCHOOL RAOD, NEAR VIDHAN
SABHA, CHAURA MAIDAN, SHIMLA,
HIMACHAL PRADESH 171003)
3. DEPUTY DIRECTOR ELEMENTARY
EDUCATION DISTRICT UNA
HIMACHAL PRADESH 175001)
4. DEPUTY COMMISSIONER UNA,
DISTRICT UNA (HP)
5. THE SUB DIVISIONAL OFFICER
(CIVIL) HAROLI, DISTRICT UNA,
HIMACHAL PRADESH-CUM-
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2
CHAIRMAN, PART TIME MULTI TASK
WORKER SELECTION COMMITTEE.
6. BLOCK ELEMENTARY EDUCATION
HAROLI, DISTRICT UNA, HIMACHAL
PRADESH.
.
7. SMT. DEV KUMARI, W/O RAKESH
CHAND, R/O WARD NO.6, VPO KAN-
GAR TEHSIL HAROLI, DISTRICT UNA,
HIMACHAL PRADESH.
......RESPONDENTS
(MR. KUNAL THAKUR, DEPUTY
ADVOCATE GENERAL FOR R-1 TO 6)
This petition coming on for orders 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 substantive relief(s):-
"a). That a writ in the nature of certiorari or any other appropriate writ, order or direction may kindly be issued quashing and setting aside the action of respondents whereby the private respondent has been offered the appointment of Part Time Multi Task Worker in GPS Kangar Lower.
b) That a writ in the nature of mandamus or any other appropriate writ, order or direction may kindly be issued directing the respondents to subsequently offer the petitioner the appointment on the post of Part Time Multi Task Worker in Government Primary School Kangar Sought in as much as the selected candidate has not appeared in the interview/screening test"::: Downloaded on - 09/11/2022 20:30:52 :::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 in the month of 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, Una District Una 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 the Rule 19 has been incorporated on 25 th August, 2022.
3. Rule-19, provide vide Addendum dated 25 th August, 2022, reads as under:-
"ADDENDUM In partial modification of this Department's Notification No.EDN-C-B(1)2/2019 dated16th 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 ::: Downloaded on - 09/11/2022 20:30:52 :::CIS 4 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, Una District Una, 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.
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 04, 2022 (reena) ::: Downloaded on - 09/11/2022 20:30:52 :::CIS