Disposed

Seema v. State of Hp and Others

Himachal Pradesh HC14 Nov 2022CWP/4152/2022

Case brief

AI extract

What is this about?

Under Art. 226, the High Court, despite a new appellate rule (Rule-19) added to the Part Time Multi Task Worker Policy on August 25, 2022, directed the petitioner to file an appeal before the Additional District Magistrate within 15 days, holding the appeal should be disposed of on merits without rejecting it for delay.

What did the court decide?

Permitted to approach Additional District Magistrate by way of an appeal within 15 days; appeal to be decided on merits without considering delay.

Seema Vs State of Hp and Others — Service and Employment | Himachal Pradesh HC (2022)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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ON THE 14^th DAY OF NOVEMBER, 2022 BEFORE

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HON’BLE MS. JUSTICE SABINA

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HON’BLE MR. JUSTICE SUSHIL KUKREJA CIVIL WRIT PETITION No.4152 of 2022

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Between:-

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SMT. SEEMA, W/O SH. SURESH SHARMA, R/O VILLAGE SUNARLI, P.O. BOHAR, TEHSIL NERWA, DISTRICT SHIMLA, H.P.

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….PETITIONER

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(BY MR. SARTHAK MEHTA, ADVOCATE) AND

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1. STATE OF HIMACHAL PRADESH THROUGH SECRETARY (EDUCATION) TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA-2.

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2. DIRECTOR ELEMENTARY EDUCATION, HIMACHAL PRADESH, SHIMLA-1.

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3. DEPUTY DIRECTOR OF ELEMENTARY EDUCATION, SHIMLA, DISTRICT SHIMLA, H.P. HIMACHAL PRADESH.

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4. SUB DIVISIONAL MAGISTRATE CHOPAL, TEHSIL CHOPAL, DISTRICT SHIMLA, H.P.

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5. BLOCK PRIMARY ELEMENTARY EDUCATION OFFICER NERWA, TEHSIL NERWA, DISTRICT SHIMLA, H.P.

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6. SCHOOL MANAGEMENT COMMITTEE, GOVERNMENT PRIMARY SCHOOL SUNARLI, TEHSIL NERWA, DISTRICT SHIMLA

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THROUGH ITS PRESIDENT I.E. SH. RAM LAL SHARMA, S/O SH. SADHU RAM, R/O VILLAGE SUNARLI, P.O. BOHAR TEHSIL NERWA, DISTRICT SHIMLA, H.P.

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7. GRAM PANCHAYAT BOHAR, TEHSIL NERWA, DISTRICT SHIMLA, H.P., THROUGH ITS SECRETARY.

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8. SH. GOPAL S/O SH. BHAGAT RAM, R/O VILLAGE SUNARLI, P.O. BOHAR, TEHSIL NERWA, DISTRICT SHIMLA, H.P.

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….RESPONDENTS

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(MR. ANIL JASWAL, ADDITIONAL ADVOCATE GENERAL FOR R-1 TO R-7)

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This petition coming on for admission this day, Hon’ble Ms. Justice Sabina , passed the following:

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O R D E R

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Petitioner has filed the petition under Article 226 of the

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Constitution of India, seeking following relief:-

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“i). That the respondent NO.1-7 be directed not to fill up the post of Part Time Multi Task Worker at Government Primary School Sunari, Tehsil Chopal, District Shimla, H.P. Himachal Pradesh unless the bona fide marking is not opted for the said post and take the same to logical end in a time bound manner.

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ii) That the respondents may be directed to initiate selection process in conformity with the scheme as framed by No.1 & 2 titled as “ Part Time Multi Task Worker Policy, 2020’.”

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Learned counsel for the petitioner has submitted that

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now vide Addendum dated 25^th August, 2022, Rule-19 has been

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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 15^th 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, Shimla, 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 25^th August, 2022.

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Rule-19, provided vide Addendum dated 25^th August, 2022, reads as under:-

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“ ADDENDUM

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In partial modification of this Department's Notification No. EDN-C-B(1)2/2019 dated 16^th July, 2020 (as updated upto 11^th 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:

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19. Appellate Authority :

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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

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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.

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By Order Devesh Kumar, IAS Pr. Secretary (Education) to the Government of Himachal Pradesh.”

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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, Shimla , 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 25^th August, 2022.

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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.

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Pending miscellaneous application(s), if any, shall also stand disposed of.

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(Sabina) Judge

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(Sushil Kukreja) Judge

Seema v. State of Hp and Others

Case brief

What is this about?

What did the court decide?

Seema v. State of Hp and Others

Case brief

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