Himachal Pradesh High Court
Mandi vs State Of Himachal Pradesh on 10 October, 2022
Bench: Sabina, Sushil Kukreja
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
.
ON THE 10th DAY OF OCTOBER, 2022
BEFORE
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SUSHIL KUKREJA
Between:-
r to
CIVIL WRIT PETITION No.6412 of 2022
SMT. HIMA DEVI W/O LATE
SH. DUMANU RAM, R/O VILLAGE
DHARLI, POST OFFICE SERIKOTHI,
TEHSIL SUNDERNAGAR, DISTT.
MANDI, H.P.
....PETITIONER
(BY MR. J.K. VERMA, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH PRINCIPAL SECRETARY
(EDUCATION) TO THE GOVT. OF
HP, SHIMLA-171002.
2. DIRECTOR OF ELEMENTARY
EDUCATION, SHIMLA, DISTT.
SHIMLA HP-171001.
3. THE DEPUTY DIRECTOR,
ELEMENTARY EDUCATION
MANDI, DISTT. MANDI, H.P
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2
4. THE SUB DIVISIONAL
MAGISTRATE (SDM)
SUNDERNAGAR, DISTT. MANDI,
.
HP.
5. THE BLOCK PRIMARY
EDUCATIONAL OFFICER (BPEO)
BLOCK SUNDERNAGAR-II AT
JAIDEVI, DISTT. MANDI, HP.
6. THE SELECTION COMMITTEE,
MULTI TASK WORKER (MTW)
SUNDERNGAR, DISTT. MANDI, HP,
THROUGH ITS CHAIRMAN (SDM)
SUNDERGNAR).
7. THE PRESIDENT SCHOOL
MANAGEMENT COMMITTEE (SMC)
GCPS,
DHARLI, TEHSIL
SUNDERNGAR, DISTT. MANDI, HP.
8. SMT. BIMLA DEVI, W/O LATE
SH. PRAKASH CHAND, R/O
VILLAGE DHARLI, POST OFFICE
SERIKOTHI, TEHSIL NIHARI,
DISTT. MANDI, H.P.
....RESPONDENTS
(MR. KUNAL THAKUR, DEPUTY
ADVOCATE GENERAL, FOR R-1 TO R-6)
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(s):-
"I. It is, therefore, most respectfully prayed that keeping in view the facts and circumstances explained here in above, the present writ petition may kindly be allowed ::: Downloaded on - 10/10/2022 20:00:53 :::CIS 3 and impugned order dated 12.07.2022 (Annexure P-3) may kindly be ordered to be set aside and quashed in interest of justice.
.
II. Issue direction to the respondent 4 and 5 to offer appointment as Multi Task Worker to the petitioner."
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, selection/appointment of respondent No.8 was made on 12th 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 ADM), Mandi, District Mandi, 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-::: Downloaded on - 10/10/2022 20:00:53 :::CIS 4
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 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), Mandi, District Mandi, 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 - 10/10/2022 20:00:53 :::CIS 55. 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
r (Sushil Kukreja )
Judge
October 10, 2022
(reena)
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