Himachal Pradesh High Court
Of Village Baihal Sadhu vs State Of Himachal Pradesh Through on 28 September, 2022
Bench: Sabina, Sushil Kukreja
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 28th DAY OF SEPTEMBER, 2022
.
BEFORE
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SUSHIL KUKREJA
CIVIL WRIT PETITION No.4219 of 2022
Between:-
REEMA DEVI, ALIAS SUSHMA DEVI,
DAUGHTER OF SH. GIAN CHAND, WIDOW
OF LATE SH. KULDEEP KUMAR, RESIDENT
OF VILLAGE BAIHAL SADHU, P.O. RAJPUR
JASWAN, TEHSIL AMB, DISTRICT UNA,
H.P. ......PETITIONER
(BY MR. GURINDER SINGH, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH THROUGH
PRINCIPAL SECRETARY (EDUCATION) TO
THE GOVERNMENT OF HIMACHAL PRADESH,
SHIMLA-171002.
2. DIRECTOR ELEMENTARY EDUCATION,
HIMACHAL PRADESH, SHIMLA-2.
3. DEPUTY DIRECTOR OF ELEMENTARY
EDUCATION, UNA, DISTRICT UNA, HIMACHAL
PRADESH.
4. GRAM PANCHAYAT AMB-TILLA, TEHSIL
AMB, DISTRICT UNA, HIMACHAL PRADESH
THROUGH ITS SECRETARY.
5. SH. AMARJEET JASSAL, SON OF MOTI RAM,
VILLAGE SATHRU, POST OFFICE, SAPAURI,
TEHSIL AMB, DISTRICT UNA, H.P.
6. BLOCK ELEMENTARY EDUCATION OFFICER,
AMB, DISTRICT UNA, (H.P.).
7. SCHOOL MANAGEMENT COMMITTEE,
GOVERNMENT PRIMARY SCHOOL,
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GHAGOH, TEHSIL AMB, DISTRICT UNA,
HIMACHAL PRADESH THROUGH ITS
PRESIDENT.
8. SELECTION COMMITTEE THROUGH ITS
CHAIRMAN SUB-DIVISIONAL OFFICER
.
(CIVIL) AMB, DISTRICT UNA, HIMACHAL
PRADESH. ....... RESPONDENTS
(MR. ANIL JASWAL, ADDITIONAL
ADVOCATE GENERAL, FOR R-1 TO R-4,
R-6 AND R-8,
MR. VIRENDER SINGH, ADVOCATE, FOR
R-5.)
_________________________________________________
This Petition is 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(s):-
"(i) That the appointment of Respondent No.5 as Part Time Multi Task Worker be quashed and set aside and petitioner as being more eligible for the post be allowed to join and give services as Part Time Multi Task Worker in Government Primary School, Ghagoh.
(ii) That Respondents No.1 to 3 be directed to furnish complete details of distribution of marks given to present respondent No.5 as well as present petitioner.
(iii) That respondent No.4 be directed to bring the record on the basis of which respondent No.4 ::: Downloaded on - 29/09/2022 20:01:55 :::CIS 3 has issued certificate dated 16.04.2022 to present petitioner as filed in Annexure P-4 (Colly)."
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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, 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.::: Downloaded on - 29/09/2022 20:01:55 :::CIS 4
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 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, Una, 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.
::: Downloaded on - 29/09/2022 20:01:55 :::CIS 5Pending miscellaneous application(s), if any, shall also stand disposed of.
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( Sabina ) Judge ( Sushil Kukreja) Judge September 28, 2022 (ks) ::: Downloaded on - 29/09/2022 20:01:55 :::CIS