Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.5566 of 2025
Decided on: 28th April, 2025 _________________________________________________________________
Shurbir Singh
....Petitioner
Versus
State of H.P. & Ors.
…Respondents _________________________________________________________________
Coram
Ms. Justice Jyotsna Rewal Dua
1 Whether approved for reporting? _________________________________________________________________ For the petitioners: Ms. Anagya Chauhan, Advocate vice Mr. Jeevesh Sharma, Advocate.
For the respondents: Mr. Sikandar Bhushan, Deputy Advocate General, for respondents No. 1 to 4.
Jyotsna Rewal Dua, Judge
Following order was passed in this matter on 09.04.2025:-
“Notice confined to respondents No.1 to 4 at this stage, which is waived by Ms. Menka Raj Chauhan, learned Deputy Advocate General.
2. Petitioner’s appeal against selection and appointment of respondent No.5 as Part-Time Multi Task Worker in Government Primary School Saskir, Tehsil Jubal, District Shimla was allowed by the
1 Whether reporters of Local Papers may be allowed to see the judgment? yes
- 2 - Director of Elementary Educationcum-2nd Appellate Authority on 26.11.2024 as under:-
“Based on the above findings, I find merit in the appellant’s appeal, and the appeal is hereby allowed. The order dated 21.04.2023, passed by the ADM (L&O) Shimla, is hereby set aside. The appointment of Respondent No.2, Smt. Mridula is quashed and set aside. The selection committee is directed to redraw the merit list and offer the appointment to the suitable candidate in accordance with the revised merit list, as per the provisions of the PTMTW Policy. The orders be conveyed accordingly.”
3. Petitioner’s grievance is that after allowing his appeal, further directions issued by the 2nd Appellate Authority to the Selection Committee for re-drawing the merit-list and offer appointment to the suitable candidates, in accordance with revised merit-list are not in consonance with law. Once the merit-list has already been drawn then the second direction ought to have been that the person in the merit-list should be offered appointment.
4.
Learned counsel for the petitioner submits that despite respondent No.5’s appointment having been set aside, she is still continuing to hold the post of Part-Time Multi Task Worker.
5. Let learned Deputy Advocate General to have instructions in the matter with reference to above
contentions and also as to whether the aforesaid
order has attained finality.
List on 10.04.2025.”
2.
Order passed in this matter on 11.04.2025 is as under:-
“Notice be issued to respondent No.5, returnable for
28.04.2025. In addition to ordinary service, as prayed
- 3 - for, the petitioner shall also be at liberty to serve the said respondent by way of dasti. Steps for service be taken during the course of the day.
Learned Deputy Advocate General submits that impugned order has not been assailed by respondent No.5. Let reply by appearing respondents be positively filed before the next date of hearing.
List on 28.04.2025.”
3.
During the course of hearing today, learned Deputy Advocate General has placed on record office instructions dated
26.04.2025.
In terms of these instructions, petitioner stands appointed as Part-time Multi Task Worker in GPS Saskir Education Block Jubbal, according to the revised merits list; The petitioner has joined as PTMTW on 16.04.2025. Petitioner’s joining report has also been appended alongwith the instructions memo.
4.
Learned counsel for the petitioner submits that the relief prayed for by the petitioner now stands granted to him.
In view of above, this writ petition to stand
disposed of, so also the pending miscellaneous application(s), if any.
Jyotsna Rewal Dua
Judge April 28, 2025 R.Atal