Honble SHARMA, J.–In the instant writ petition, the petitioners have sought following main reliefs- (i) Orders Annexures l, 26,27,28 and 29 be declared illegal, unlawful and ab-initio void, as if these have not at all been passed. (ii) The petitioners consequently be reinstated as community organisers with all consequential benefits. (2). In nutshell the petitioners case is that they were appointed to the post of community organiser by the Local Self Government vide order dated June 10, 1992 and their services were entrusted to Municipal Corporation Jaipur and Municipal Boards Dholpur Badi and Lalsot. However, by order dated July 25, 1997 (Annexure. 1) State Government proposed to terminate their services and to recruit in their place, retired persons. In compliance of the order dated July 25, 1997 issued by the State of Rajasthan, the Municipal Corporation Jaipur and the Municipal Corporation Jaipur and the Municipal Boards Dholpur, Badi and Lalsot, terminated the services of the petitioners vide orders Annexures 26, 27, 28 and 29 relieved them as well. (3). The respondents submitted reply and pleaded that the petitioners were appointed on contract basis for a period of one year at a fixed consolidated pay of Rs. 1500/- per month. As the scheme under which the petitioners were appointed, was for a temporary period, it was decided by the State Govt. to appoint retired Govt. servants on Contract basis and services of the petitioners were thus termina- ted. Service period of the petitioners could not be extended as there was no sanctioned post of community organiser. The petitioners are not entitled to regular pay scale as nothing in this regard was mentioned in their appointment letters. (4). I have reflected over the rival submissions and carefully scanned the material on record as well as case law cited before me. (5). In the appointment orders (Annexures 4 and 5) it has not been mentioned that the scheme was `temporary. A look at these documents demonstrates that the selected candidates shall be treated employees of the concerned Municipality. The respondents in their reply have admitted that the petitioners were sent for training. Indisputably, the services of the petitioners were extended from time to time and w.e.f. Jan., 1, 1994 their fixed salary was raised from 1500/- to Rs. 2500/- per month.
The respondents in their reply have admitted that the petitioners were sent for training. Indisputably, the services of the petitioners were extended from time to time and w.e.f. Jan., 1, 1994 their fixed salary was raised from 1500/- to Rs. 2500/- per month. A perusal of documents Annexures 16 and 17 goes to show that the scheme is in existence as yet and the work is available for which retired persons have been appointed on contract basis. (6). The Ministry of Urban Development launched a scheme known as Inte- grated Development of Small and Medium Town (for short IDSMT) in order to deve- lop the small and medium towns. The Local Self Govt. of each State took the responsibility to implement the scheme. For the purpose of implementation of the scheme at the Regional Centres, the programme known as Urban Basic Services Programme was instituted and arrangements were made for the Staff patterning. (7). During the course of arguments, I was taken through a book `Workshop on Urban Basic Services for the Poor 15-19 July 1991. At page 44 of the said book details in respect of salary and employment of `community organiser have been given thus- ``(1) The scale of salary of community organiser will be determined by the Local authority in agreement with the UNICEF. (11). The Community Organiser will be absorbed on a permanent basis within three months of joining. Amended guide lines in respect of Urban Basic Services were issued in the year 1994. A look at item No.7 of the said `guidelines reveals that community organiser preferably, a woman shall be appointed as `full time. (8). Admittedly, the petitioners were appointed after due process of selection and have completed more than five years of continuous service. As such their services could not have been terminated without following principles of `Audi Alterm Partem. In view of the terms laid down in the appointment order the petitioners shall be treated employees of the concerned Municipality/Municipal Corporation. From the material on record it does not appear that U.B.S.P Project is not a regular project. The work is still available in the said project and there is no justification in terminating the services of the petitioners who had undergone training programme to complete the work and to appoint, in their place, retired persons.
From the material on record it does not appear that U.B.S.P Project is not a regular project. The work is still available in the said project and there is no justification in terminating the services of the petitioners who had undergone training programme to complete the work and to appoint, in their place, retired persons. The act of respondents in issuing orders Annexures 1,26.27,28 and 29 whereby the services of the petitioners have been terminated is violative of Articles 14,16 and 21 of the Constitution being arbitrary and discriminatory and against right to life of the petitioners. (9). Resultantly, writ petition stands allowed and orders Annexure-1(order dated 25.7.97 issued by the Local Self Department.), Annexure-26 (Relieving order issued by Municipal Corporation Jaipur), Annexure 27 (order dated 1.8.1997 issued by the Municipal Board Dholpur), Annexure 28 (order dated 29.7.97 issued by Municipal Board Dholpur) and Annexure-29 (order dated 31.11.1997 issued by Municipal Board Lalsot (Dausa) are set aside. The respondents are directed to reinstate the services of the petitioners on the post of Community Organiser with all consequential benefits. The petitioners shall also be entitled to costs which is quantified as Rs.7,000/-.