Himachal Pradesh High Court
Suppa vs State Of Himachal Pradesh on 23 September, 2022
Bench: Sabina, Sushil Kukreja
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 23rd DAY OF SEPTEMBER, 2022
.
BEFORE
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SUSHIL KUKREJA
CIVIL WRIT PETITION No.5788 of 2022
Between:-
r to
JAGDISH SHARMA AGED 38
YEARS SON OF SHRI PURAN
CHAND, RESIDENT OF VILLAGE
SUPPA, P.O. GHARER, TEHSIL
BHARMOUR, DISTRICT CHAMBA,
H.P.
....PETITIONER
(BY MR. ASHOK KUMAR, ADVOCATE
ON BEHALF OF MR. SURENDER K.
SHARMA, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH ITS PRINCIPAL
SECRETARY (EDUCATION) TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA-171002
2. DIRECTOR OF ELEMENTARY
EDUCATION, HIMACHAL
PRADESH, LALPANI, SHIMLA-
171001
3. SELECTION COMMITTEE FOR
APPOINTMENT OF PART TIME
MULTI TASK WORKER, THROUGH
ITS CHAIRMAN, SUB DIVISIONAL
OFFICER (CIVIL) BHARMOUR,
DISTRICT CHAMBA, H.P.
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2
4. SMT. NEETA DEVI WIFE OF NOT
KNOWN TO THE PETITIONER,
RESIDENT OF VILLAGE SERI, P.O.
& TEHSIL BHARMOUR, DISTRICT
.
CHAMBA, H.P.
....RESPONDENTS
(MR. VIKRANT CHANDEL, DEPUTY
ADVOCATE GENERAL FOR R-1 TO R-3)
This petition 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:-
"i). That writ in the nature of certiorari may kindly be issued, quashing and setting aside the office order dated 11.07.2022 (Annexure P-7) qua the selection/appointment of Respondent No.4 to the post of Part Time Multi Task Worker in Government Primary School Suppa, Tehsil Bharmour, District Chamba, H.P.
ii) That writ in the nature of mandamus may kindly be issued, directing the respondents to give appointment to the petitioner to the post of Part Time Multi Task Worker in Government Primary School Suppa, Tehsil Bharmour, District Chamba, H.P. "
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 ::: Downloaded on - 23/09/2022 20:07:01 :::CIS 3 15 days of the selection/appointment. In the present case, the result was declared in 11th 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, Chamba, 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 Rule 19 has been incorporated on 25th August, 2022.
3. to 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 16 th 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 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 ::: Downloaded on - 23/09/2022 20:07:01 :::CIS 4 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, Chamba, 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.
6. Pending miscellaneous application(s), if any, shall also stand disposed of.
(Sabina) Judge (Sushil Kukreja) Judge September 23, 2022(ps) ::: Downloaded on - 23/09/2022 20:07:01 :::CIS