Disposed

Kala Devi v. State of Hp and Others

Himachal Pradesh HC15 Oct 2024CWP/9559/2024

Case brief

AI extract

What is this about?

Single judge disposed of a writ petition challenging a public servant's appointment as a Multi Task Worker. The Court directed the appellate authority to decide a potential appeal on merit if filed within 15 days, precluding limitation objections.

What did the court decide?

Directing Authority to decide appeal on merit within 15 days if filed, precluding objection to limitation.

Kala Devi Vs State of Hp and Others — Service and Employment | Himachal Pradesh HC (2024)

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2024:HHC:9767

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CWP No. 9559 of 2024

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Decided on: 15.10.2024

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Kala Devi … Petitioner

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Versus

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State of Himachal Pradesh and others … Respondents

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Coram

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Hon’ble Mr. Justice Ajay Mohan Goel, Judge.

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Whether approved for reporting?¹

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_____________________________________________________ For the petitioner : Mr. Kamal Thakur, Advocate vice Ms. Madhurika Sekhon, Advocate. For the respondents : Mr. Rahul Thakur, Deputy Advocate General for respondents No. 1 to 4. : Ms. Puja Thakur, Advocate for respondent No. 5. Ajay Mohan Goel, Judge (Oral)

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By way of this writ petition, the petitioner has inter alia prayed for setting aside of the appointment of the private respondent as a part time Multi Task Worker and has prayed that he be offered appointment against the post in issue.

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Learned Deputy Advocate General on the strength of instructions imparted by the Director of Elementary Education dated 10.10.2024, which are taken on record, has apprised the Court that the notification pertaining to the recruitment scheme of Multi Task

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1 Whether reporters of the local papers may be allowed to see the judgment?

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2024:HHC:9767

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Workers has been amended and Rule 19 has been added therein which provides for an appeal. He has further apprised the Court that Hon’ble Division Bench of this Court in similar cases, i.e. CWP No. 347 of 2022, titled as Ambika Kumari vs. State of H.P. and others and other connected matters, decided on 18.05.2023, was pleased to dispose of the said petitions by directing the petitioners therein to file an appeal within a period of 15 days, which thereafter was ordered to be decided by the competent authority on merit.

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Accordingly, as prayed for, this writ petition is disposed of with the direction that in the event of an appeal being filed by the petitioner herein within 15 days from today, the Authority concerned shall decide the same on merit and opposite party shall be precluded from raising objection with regard to limitation, however, if the appeal is filed beyond the stipulated period, then the appeal shall not be entertained by the Authority.

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The petition stand disposed of in above terms, so also

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pending miscellaneous application(s), if any.

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(Ajay Mohan Goel) Judge October 15, 2024 ( narender )

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Digitally signed by BHUPENDER KUMAR DN: C=IN, O=HIGH COURT OF HIMACHAL BHUPE PRADESH, OU=HIGH COURT OF HIMACHAL PRADESH SHIMLA, Phone=04d8bcd7412dcb18b7b081df02fb3b8 9ecc4a0c8f8a66ab97285dc56e62d41fe, PostalCode=171001, S=Himachal Pradesh, NDER SERIALNUMBER=2ccc91b5122501da0ce3678b0e2b7bd5fa9b09937769da5501e1f4e7ad 448bc5, CN=BHUPENDER KUMAR Reason: I am approving this document with KUMAR my legally binding signatureLocation: Date: 2024-10-16 18:13:02

Kala Devi v. State of Hp and Others

Case brief

What is this about?

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Kala Devi v. State of Hp and Others

Case brief

What is this about?

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