Allowed

Kaul Singh v. State of Hp and Ors.

Himachal Pradesh HC9 Nov 2022CWP/4237/2022

Case brief

AI extract

What is this about?

The Court stayed the effectiveness of a selection for a petitioner, allowing him to file an appeal before the Additional District Magistrate under a newly added policy rule introduced after the appointment, ensuring the appeal will be decided on merits without delay rejection.

What did the court decide?

Petitioner permitted to approach Additional District Magistrate, Kullu, by way of appeal within 15 days; appeal to be disposed of on merits per Rule 19.

Kaul Singh Vs State of Hp and Ors. — Education and Admissions | Himachal Pradesh HC (2022)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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ON THE 9^th DAY OF NOVEMBER, 2022

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BEFORE

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HON’BLE MS. JUSTICE SABINA &

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HON’BLE MR. JUSTICE SUSHIL KUKREJA

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CIVIL WRIT PETITION No.4237 of 2022

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Between:-

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KAUL SINGH, S/O BRIKAM CHAND, VILL. MANYASHI, P.O. BANOGI, TEH. SAINJ, DISTT. KULLU, H.P., AGED ABOUT 26 YEARS.

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…...PETITIONER

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(BY MR. JEEVESH SHARMA, ADVOCATE)

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AND

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1. STATE OF HIMACHAL PRADESH THROUGH SECRETARY EDUCATION, SHIMLA, H.P.

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2. DIRECTOR ELEMENTARY EDUCATION , H.P., SHIMLA-01.

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3. DEPUTY DIRECTOR ELEMENTARY EDUCATION DISTT. KULLU, H.P.

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4. SUB DIVISIONAL OFFICER(C) -CUMCHAIRMAN SELECTION COMMITTEE, PART TIME MULTI TASK WORKER, TEH. BANJAR, DISTT. KULLU, H.P.

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5. PREMA DEVI W/O SH. LEELADHAR, R/O VILL. MANYASHI, P.O. BANOGI, TEH. BANJAR, DISTT. KULLU, H.P.

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…...RESPONDENTS

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(MR. GAURAV SHARMA, DEPUTY ADVOCATE GENERAL FOR R-1 TO 4)

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This petition coming on for orders 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(s):-

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“A). To quash and set aside the appointment of respondent No.5 as Part Time Multi Task Worker at GPS Manyashi, Education Block Sainj, Tehsil Sainj, Distt. Kullu, H.P.

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B) To declare the petitioner as selected/successful candidate for the post of Part Time Multi Task Worker at GPS Manyashi, Education Block Sainj, Tehsil Sainj, Distt. Kullu”

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2. Learned counsel for the petitioner has submitted that now vide Addendum dated 25^th 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 23.06.2022. 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, Kullu, District Kullu, H.P., 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 25^th August, 2022.

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3. Rule-19, provide vide Addendum dated 25^th August, 2022,

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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 dated16^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 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

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

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4. Keeping in view the submissions made by learned counsel

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for the petitioner, we deem it appropriate to dispose of the writ petition by permitting the petitioner to approach Additional District Magistrate, Kullu, District Kullu, H.P., 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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5. It is clarified that the appeal filed by the petitioner would not

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be rejected on the ground of delay, but would be disposed of on merits.

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Pending miscellaneous application(s), if any, also stand

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disposed of.

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( Sabina ) Judge

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( Sushil Kukreja ) Judge

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November 09, 2022 (reena)

Kaul Singh v. State of Hp and Ors.

Case brief

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Kaul Singh v. State of Hp and Ors.

Case brief

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