Disposed

Sunita Sharma v. State of Hp and Ors.

Himachal Pradesh HC14 Nov 2022CWP/4652/2022

Case brief

AI extract

What is this about?

In a writ petition under Article 226 concerning a dispute over Part Time Multi Task Worker appointment, the High Court permitted the petitioner to file an appeal with the Additional District Magistrate under the newly added Rule 19, clarifying that delay would not be a ground for rejection.

What did the court decide?

Petitioner permitted to approach Additional District Magistrate by way of an appeal within 15 days; said authority to dispose on merits without rejection on delay.

Sunita Sharma Vs State of Hp and Ors. — Labour and Industrial Disputes | 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.4652 of 2022

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Between:-

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SMT. SUNITA SHARMA (AGED 42 YEARS), W/O LATE SHRI RAMAN KUMAR V.P.O. BADSALA TEHSIL UNA, DISTRICT UNA, HIMACHAL PRADESH.

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….PETITIONER

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(BY MS. SHRUTIKA, ADVOCATE ON BEHALF OF MR. DHEERAJ K. VASHISHT, ADVOCATE)

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AND

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1. STATE OF HIMACHAL PRADESH (THROUGH SECRETARY EDUCATION TO THE GOVERNMENT OF HIMACHAL PRADESH).

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2. DIRECTOR ELEMENTARY EDUCATION SHIMLA (LALPANI SCHOOL ROAD, NEAR VIDHAN SABHA, CHAURA MAIDAN, SHIMLA, HIMACHAL PRADESH 171003).

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3. DEPUTY DIRECTOR ELEMENTARY EDUCATION DISTRICT UNA.

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4. DEPUTY COMMISSIONER UNA, DISTRICT UNA (HP)

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5. THE SUB-DIVISIONAL OFFICER (CIVIL), UNA, DISTRICT UNA, HIMACHAL PRADESH-CUMCHAIRMAN, PART TIME MULTI TASK WORKER SELECTION COMMITTEE.

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6. BLOCK ELEMENTARY EDUCATION TEHSIL UNA, DISTRICT UNA, HIMACHAL PRADESH .

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7. NAIB-TEHSILDAR, TEHSIL UNA DISTRICT UNA, HIMACHAL PRADESH.

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8. SMT. MEENA KUMAR, W/O LATE ANIL KUMAR, VPO BADSALA TEHSIL UNA, DISTRICT UNA, HIMACHAL PRADESH.

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….RESPONDENTS

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(MR. ANIL JASWAL, ADDITIONAL ADVOCATE GENERAL FOR R-1 TO R-7 MR. SHUBHAM SOOD, ADVOCATE ON BEHALF OF MR. PIYUSH, ADVOCATE FOR R-8.)

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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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“A. That a writ in the nature of Certiorari or any other appropriate writ, order or direction may kindly be issued quashing and setting aside the action of Respondents whereby the Private Respondent has been offered the appointment of Part Time Multi Task Worker in Government Middle School Badshala.

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B. That a writ in the nature of Mandamus or any other appropriate writ, order or direction may kindly be issued directing the respondents to subsequently offer the petitioner the appointment on the post of Part Time Multi Task Worker in Government Middle School Badsala.”

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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 in the month of 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, Una, 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,

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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, Una , 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

Sunita Sharma v. State of Hp and Ors.

Case brief

What is this about?

What did the court decide?

Sunita Sharma v. State of Hp and Ors.

Case brief

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