Disposed

Rajesh Thakur v. State of Hp and Ors.

Himachal Pradesh HC5 Dec 2022CWP/5716/2022

Case brief

AI extract

What is this about?

A civil writ petition challenged the appointment of another candidate as a Part Time Multi Task Worker. The court, noting the addition of an appellate rule (Rule 19) post-selection, directed the petitioner to approach the Additional District Magistrate within 15 days and accepted the appeal without treating it as time-barred.

What did the court decide?

Petitioner permitted to approach Additional District Magistrate, Kullu, for appeal within 15 days; appeal not to be rejected for delay.

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

¶1

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.5716 of 2022 Date of decision: 05.12.2022

¶2

Rajesh Thakur ….Petitioner Versus State of H.P. & Ors. ….Respondents

¶3

Coram:

¶4

The Hon’ble Ms. Justice Sabina, J. The Hon’ble Mr. Justice Sushil Kukreja, J.

¶5

Whether approved for reporting ?¹

¶6

For the Petitioner: Mr. Jia Lal Thakur, Advocate on behalf of Mr. G.R.Palsra, Advocate. For the Respondents: Mr. Vikrant Chandel, Deputy Advocate General, for respondents No.1 to 4. Sabina, Judge(Oral):

¶7

Petitioner has filed the petition under Article 226 of the Constitution of India, seeking following substantive reliefs:-

¶8

“i). That in view of th 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 Rayal Tehsil and District Kullu, H.P. contained in Annexure P-9 (colly) and Annexure P-10 may kindly be quashed and set aside by issuing writ of certiorari.

¶9

ii) That 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

¶10

¶11

Whether the reporters of Local Papers may be allowed to see the judgement ?

¶12

¶13

Rayal Tehsil and District Kullu, H.P. by issuing a writ of mandamus.”

¶14

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 07.07.2022. 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, 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.

¶15

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

¶16

reads as under:-

¶17

“ ADDENDUM

¶18

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:-

¶19

19. Appellate Authority :

¶20

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

¶21

¶22

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.

¶23

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

¶24

4. Keeping in view the submissions made by learned counsel

¶25

for the petitioner, we deem it appropriate to dispose of the writ petition by permitting the petitioner to approach Additional District Magistrate, Kullu, 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.

¶26

5. 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.

¶27

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

¶28

disposed of.

¶29

( Sabina ) Judge

¶30

( Sushil Kukreja ) Judge

¶31

December 05, 2022 (reena)

Rajesh Thakur v. State of Hp and Ors.

Case brief

What is this about?

What did the court decide?

Rajesh Thakur v. State of Hp and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rajinder Kumar Vs State of Hp

Karam Chand Vs State of Hp and Ors.

Dev Raj Vs State of Hp and Ors.

Anuradha Sharma Vs State of Hp and Ors.

Suraj Prakash Vs State of Hp and Ors.

Basant Ram and Ors. Vs State of Hp and Ors.