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2025 Supreme(Online)(HP) 6736
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Sandeep Sharma, J
Smt. Sanyogita Devi – Appellant
Versus
State of Himachal Pradesh and Others – Respondent
CWP No.5505 of 2023
For the Appellants/Petitioners: Mr. Onkar Jairath, Mr. Anshul Jairath
For the Respondents: Mr. Vishal Panwar, Mr. B.C. Verma, Mr. Ravi Chauhan, Mr. Surinder Saklani
A petitioner must exhaust alternative remedies provided under the recruitment policy before approaching the court.
Headnote:The court evaluated the compliance with recruitment regulations and the legitimacy of an Indigent Certificate issued to the petitioner, highlighting that the cancellation of this certificate led to the invalidation of her appointment as Part Time Multi Task Worker. The appeals process under the 'Part Time Multi Task Worker Policy 2020' was cited as a critical step that the petitioner failed to follow, suggesting alternative remedies should have been pursued. Consequently, the petition was dismissed due to lack of merit.
| Table of Content |
|---|
| 1. recruitment scheme established procedures for appointment. (Para 2) |
| 2. petitioner was appointed based on the validity of an indigent certificate. (Para 3 , 5) |
| 3. cancellation of indigent certificate affected petitioner's eligibility. (Para 10) |
Hon’ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting? 1 For the Petitioner: Mr. Onkar Jairath and Mr. Anshul Jairath, Advocaters.
For the Respondents: Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General, with Mr. Ravi oChauhan, Deputy Advocate General, for State. Mr. Surinder Saklani, Advocate, for C respondent No.6.
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Sandeep Sh arma, Judge Vide Notification No.EDN-C-B(1)2/2019 dated 16.07.2020, the Government of Himachal Pradesh framed and notified the irecruitment scheme titled as ‘Part Time Multi Task Worker Policy 2020’
for appointment of Part Time Multi Task Workers in the Government Schools of Himachal Pradesh under the Higher & Elementary Education Department. The Recruitment Scheme provides for the complete procedure/method for selection, constitution of selection committee, eligibility criteria, quantum of honorarium, method of awarding marks under various heads, terms and conditions of service etc. (Annexure P-
1).
2. To clarify doubts regarding the policy, the Director of Elementary Education issued a communication on 24.05.2P022 addressed to all Deputy Directors of Elementary Education (Annexure P- 2). On 25.08.2022, an addendum was also issued introducing Rule 19 to the recruitment scheme dated 16.07.2020, pre scribing therein an appeal mechanism regarding Part Time Multi Task Worker selection/appointment. For the sake of clarity, Rule 19 is reproduced herein below:
“19. Appellate Authority:
The appeal in respect of complaints relating to PTMTW selection/appoiontment etc. should be made to the Additional District Magistrate (ADM) of the district within 15 days of the selectionC/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.”
2.1. Rule 19, which has been incorporated by way of the addendum, specifically states that appeal in respect of the complaints relating to Part Time Multi Task Worker selection/appointment etc., should be made to the ADM of the district within 15 days of selection/appointment, which shall be disposed of by the said officer within 30 days of its receipt. It has further been stipulated in the addendum that if the complainant is not satisfied with the outcome of the appeal, so preferred, he/she may file appeal to the Director of Higher/Elementary Education, within 15 days from the date of deciPsion by the ADM, who shall dispose the same within 60 days after hearing the appellant (Annexure P-3).
3. One post of Part Time Multi Task Wo rker at Government Primary School (GPS) Kolka, District Una, was lying vacant and in that regard a Public notice was issued to fill up the post. Since the Petitioner was fully eligible for the post of Part Time Multi Task Worker, she also submitted her application for consideration. The Petitioner was found eligible and was selected based on the criteria prescribed in the recruitment scheme (Annexure P-4 and P-5). Petitioner was offered appointment vide order dated 04.07.2022 on fixed honorarium of Rs.5625/- per month for 10 months in an academic year (Annexure P-6) and she joined her duties on 06.07.2022, as is evident from the charge assuming report (Annexure P-7). She was awarded 5 marks under the H h
