Pappu Ram vs State & Ors
2023 Latest Caselaw 13692 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 5034/2022 Decided on: 15.09.2023

.

    Pappu Ram                               ....Petitioner





                                           Versus
    State & Ors.                                             ......Respondents

............................................................................................. Coram Ms. Justice Jyotsna Rewal Dua, Judge.

    Whether approved for reporting?1

    For the petitioner

     For the respondents
                            r        :

                                     :     toMr. Amar Thakur, Advocate.

                                             Mr. Gourav Sharma, Advocate vice
                                             Ms. Archana Dutt, Advocate, for
                                             respondent No.1.

                                             Mr. Anup Rattan, Advocate General

with Mr. Rupinder Singh, Additional Advocate General, for respondents

Nos. 2 to 5.

Jyotsna Rewal Dua, J

CMP No.7631/2023

For the reasons stated in the application, the same is

allowed. The document appended as Annexure A-1 is taken on record.

Application to stand disposed of.

CWP No. 5034/2022

Petitioner has filed the petition under Article 226 of the

Constitution of India, seeking following relief:-

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

a) To issue Writ in the nature of certiorari to set aside the selection

and appointment if any of the private respondent as Part Time Multi

Task worker at GPS Gabermod vide serial no 42 as mentioned in

.

Annexure P-13. Annexure P-13 dated 25th June 2022 may be

quashed to the above effect qua serial no 42.

(b) That the Petitioner being more meritorious may be allowed

selection and appointment. The Petitioner may be allowed 8 marks

for being resident of the same ward Katli where the school is located

and the private respondent may be allowed only 6 marks for being

resident of different ward Dhar.

(c) That the Respondents may be directed to take action against the

Secretary Respondent No 6 for issuing false and manipulated

certificate with malafide intention to help the private respondent

illegally showing the School in Ward Dhar by virtue of Annexure P-

14. Annexure P-14 may be set aside and quashed.

(d) The Respondents may be directed to conclude proceedings

initiated by virtue of Annexure p-12 to its logical conclusion at

the earliest without any further delay."

2. Learned counsel for the petitioner has submitted that vide

Addendum dated 25th 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. Learned counsel has further submitted that the

petitioner will approach the Additional District Magistrate, Solan, 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 25th August, 2022.

.

3. Rule-19, provided vide Addendum dated 25th August,

2022, reads as under:-

" ADDENDUM

In partial modification of this Department's Notification No.

EDN-C-B(1)2/2019 dated 16th July, 2020 (as updated upto 11th

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. Appellate Authority:

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.

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

4. Keeping in view the submissions made by learned

counsel for the petitioner, it is deemed appropriate to dispose of the

.

writ petition by permitting the petitioner to approach Additional District

Magistrate Solan, 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 25th August, 2022. Ordered

accordingly.

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.

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

stand disposed of

Jyotsna Rewal Dua Judge 15th August, 2023 (Rohit)