Indian Kanoon - Search engine for Indian Law

------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting? 1 For the Petitioner: Mr. Ganesh Barowalia, Advocate.

For the Respondents: Ms. Menka Raj Chauhan, Deputy Advocate General, for respondents No.1 to 3.

------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Respondent No.4 was appointed as Part-Time Multi Task Worker in Government Primary School Panjor under Elementary Education Block Bakras, District Sirmour. Petitioner assailed the appointment of respondent No.4. His appeal preferred under Clause 19 of the Part Time Multi Task Worker Policy, 2020 (in short 'PTMTW Policy') was dismissed by the Additional District Magistrate, District Sirmour at Nahan on 25.02.2025 (Annexure P-2).

assailed the aforesaid orders in the instant writ petition with a prayer for directing respondents No.1 to 3 to appoint him as Part-Time Multi Task Worker at the concerned school.

2. Heard learned counsel for the petitioner and considered the case file.

3. The case 3(i).

Before the two authorities below, the main contention raised for the petitioner was that respondent No.4 had been appointed without following the selection process and without inviting applications from the eligible candidates. That respondent No.4 had been appointed as Part-Time Multi Task Worker under Clause 18 of the PTMTW Policy; This clause stands deleted from the policy, therefore, respondent No.4 could not have been appointed invoking this clause. The petitioner also impressed before the authorities below that he was eligible for appointment to the post in question as his family had donated land to the Education Department.

2025:HHC:29678 Both the authorities below concurrently held on facts that respondent No.4 was appointed as Part-Time Multi Task Worker on 22.12.2021 in terms of Clause 18 of .

the PTMTW Policy. This fact has also been acknowledged by learned counsel for the petitioner in the instant writ petition. Clause 18 of the PTMTW Policy reads as under:-

There is no upper age limit for such consideration but he/she has to be an orphan as per this definition. The certificate in this regard will be issued by the concerned Block Development Officer".

The above clarification admittedly was issued on 24.05.2022 (pages 36 to 41 of the paper book), whereas, respondent No.4 was appointed as Part-Time Multi Task Worker on 22.12.2021 in terms of PTMTW Policy, 2020 as was in force at the relevant time. As per Clause 18 thereof, 'an orphan' was eligible to be appointed as Part-Time Multi Task Worker on compassionate ground without following 2025:HHC:29678 the selection process, if he was below the poverty line or he had a Low Income Certificate issued by the competent authority'. As per pleaded case of the petitioner, respondent .