Himachal Pradesh High Court
Anita Sharma vs State Of Himachal Pradesh & Ors on 25 November, 2022
Bench: Sabina, Sushil Kukreja
1
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 5956 of 2022
Decided on: 25th November, 2022
.
Anita Sharma ... 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. Vijay Bir Singh, Advocate.
For respondents No. : Mr. Anil Jaswal and Mr. Ashwani
No. 1 to 4. Sharma, Additional Advocates General.
For respondent No.5. : None.
Sabina , Judge, (Oral)
ORDER
Petitioner has filed the petition under Article 226 of the Constitution of India, seeking following relief(s):-
"(i). That in view of the above mentioned facts and circumstances, the present writ petition may kindly be allowed and the appointment and selection of respondent No.5 as Part Time Multi Task Worker in Govt. Primary School Lower Swana, Tehsil Jaswan Kotla, District Kangra, contained in result sheet Annexure P-9(colly) may kindly be quashed and set-aside by issuing a writ of certiorari.1
Whether reporters of Local Papers may be allowed to see the judgment?
::: Downloaded on - 29/11/2022 20:31:57 :::CIS 2(ii) That the respondents No. 1 to 4 may kindly be directed to offer appointment to the present petitioner as Part Time Multi Task Worker in Govt. Primary School Lower Swana, Tehsil Jaswan Kotla, District Kangra, being more meritorious .
desirous than respondent No.5 by issuing a writ of mandamus.
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 25th 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 (ADM), Kangra, District Kangra at Dharamshala, 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 "Rule19 Appellate Authority" in the Part Time Multi Task Workers Policy, 2020 as under:::: Downloaded on - 29/11/2022 20:31:57 :::CIS 3
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 r 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 (ADM), Kangra, District Kangra at Dharamshala, 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.
::: Downloaded on - 29/11/2022 20:31:57 :::CIS 45. 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 25, 2022 (Subhash/Gaurav) ::: Downloaded on - 29/11/2022 20:31:57 :::CIS