Disposed

Begi v. State of Hp and Ors.

Himachal Pradesh HC14 Nov 2022CWP/4639/2022

Case brief

AI extract

What is this about?

An eleven-judge bench of the High Court of Himachal Pradesh considered a writ petition challenging the appointment of a respondent. The court allowed an appeal to the Additional District Magistrate under a newly added Rule-19, permitting disposal on merits without rejecting it on delay grounds.

What did the court decide?

Allowed the petitioner to file an appeal before the Additional District Magistrate within 15 days without the appeal being rejected on grounds of delay.

Begi Vs State of Hp and Ors. — 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.4639 of 2022

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Between:-

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SMT. BEGI, W/O SH. SHERU, RESIDENT OF VILLAGE TARANU, P.O. BATHERI, SUB-TEHSIL KATAULA, DISTRICT MANDI, H.P. AGED 28 YEARS.

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….PETITIONER

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(BY MR. G.R. PALSRA, ADVOCATE) AND

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

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2. DEPUTY DIRECTOR ELEMENTARY EDUCATION MANDI, DISTRICT MANDI, H.P.

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3. BLOCK ELEMENTARY EDUCATION OFFICER, KATAULA, DISTRICT MANDI, H.P.

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4. SELECTION COMMITTEE PART TIME MULTI TASK WORKER OF GOVT. PRIMARY SCHOOL TARANU THROUGH ITS CHAIRMAN SUB DIVISIONAL OFFICER (CIVIL) TEHSIL SADAR, DISTRICT MANDI, H.P.

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5. SH. SACHIN KUMAR S/O SH. ROOP LAL, RESIDENT OF VILLAGE TARANU, P.O. BATHERI, SUB-TEHSIL KATAULA, DISTRICT MANDI, H.P.

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….RESPONDENTS

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(BY MR. ANIL JASWAL, ADDITIONAL ADVOCATE GENERAL FOR R-1 TO R-4)

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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 Constitution of India, seeking following relief:-

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“i) That in view of the above mentioned facts and circumstances, the present writ petition may kindly be allowed and the appointment and selection of respondent No.5 as Part Time Multi Task Worker in Govt. Primary School Taranu, Sub-Tehsil Kataula, District Mandi, H.P. contained in Annexure P-10 may kindly be quashed and set aside by issuing is writ of certiorari.

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ii) That the respondents No.1 to 4 may kindly be directed to offer appointment to the present petitioner as Part Time Multi task Worker in Govt. Primary School Taramu, Sub-Tehsil Kataula, District Mandi, H.P. being more meritorious than respondent No.5 by issuing a writ of mandamus.”

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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 7^th June, 2022. Hence, the petitioner would not be

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able to avail the benefit of newly added Rule-19. Learned counsel has further submitted that the petitioner will approach the Additional District Magistrate, 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 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 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

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counsel for the petitioner, we deem it appropriate to dispose of the writ petition by permitting the petitioner to approach Additional District Magistrate, 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 25^th August, 2022.

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It is clarified that the appeal filed by the petitioner would

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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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November 14, 2022 (ps)

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(Sushil Kukreja) Judge

Begi v. State of Hp and Ors.

Case brief

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Begi v. State of Hp and Ors.

Case brief

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