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Himachal Pradesh High Court · body

2011 DIGILAW 1924 (HP)

Kaushalya Devi v. State of Himachal Pradesh

2011-04-01

V.K.SHARMA

body2011
JUDGMENT V.K. Sharma, Judge The petition has been filed on the following prayers : “i) To quash and set aside the impugned verbal order given by respondent No.6 whereby the petitioner’s services stood terminated w.e.f. 30.4.2010, by issuing writ of Certiorari. ii) To direct the respondents to reinstate the petitioner forthwith with back wages. The respondents be further directed to give all consequential benefits flowing out of quashing and setting aside the impugned verbal termination order dated 30.4.2010. iii) To direct the respondents to maintain the seniority of mid day meal workers at block level as well as district level.” 2. In reply, the respondents have taken the following stand vide para 1 of the Preliminary Submissions and para 6 on merits : “ Preliminary Submissions : 1. That the Govt. has decided to start Hot Cooked Meal Programme in all the Govt/Govt. Aided Primary Schools of Tribal area of the State in 1st phase w.e.f. May, 2003 and the Govt. vide letter No.EDN-C.B (2) 2001-5 (loose) dated 2.8.2004 has started this Programme in Non-Tribal area of the State in 2nd phase w.e.f. 1.9.2004. In order to start the Programme the replying respondent as per the direction of the Govt. dated 2.8.2004 directed all the Deputy Directors of Elementary Education to ensure implementation of cooked meal scheme (Mid Day Meal) in Primary schools of their area. It is further submitted that vide clause 6.1 of the letter dated 2.8.2004 it was required that committee has to be framed for implementation of the cooked meal in the school comprising of following members : 1. President of V.E.C or any active member Nominated for the purpose Member 2. President of MTA/PTA or any active Member nominated for the purpose Member 3.CHT/HT/Senior teacher of the school Coordinator/member Secretary. It is submitted that as per the instructions issued by the Government vide letter No. EDN-CF(4)4/2007-II, dated 11.2.2010, there is a provision for appointment of one cook/helper against the strength of 25 students. However, if the strength increases from students 25 to 100 then another cook/helper can be appointed by the School Management Committee.” On Merits : 6. That this para also calls for no submissions, in view of the facts and submission as submitted in the preceding paras. However, if the strength increases from students 25 to 100 then another cook/helper can be appointed by the School Management Committee.” On Merits : 6. That this para also calls for no submissions, in view of the facts and submission as submitted in the preceding paras. However, it is submitted that as per information received from Deputy Director of Elementary Education Mandi, District Mandi, there are less than 25 students studying in Government Primary School, Taryassal (Saigaloo) and as per norms fixed by the Government there should be one Cook upto the strength of 25 students. So, the services of the petitioner were terminated being junior in Government Primary School, Taryassal (Saigaloo) as per Govt. instruction vide letter No. EDN-H(EE) (4)4-17/2008-MDM Policy dated 29th April, 2010 regarding MDM Cook-cum-Helper which provides the principal of “last come first go”. 3. In the facts and circumstances of the case, the petition is disposed of with a direction to respondent No.3 that subject to the petitioner making a detailed representation supported by documents along with copy of this judgment within fifteen days from today, the same shall be considered and decided by the said respondent in accordance with law within next two months, by exploring the feasibility of the possibility of adjusting the petitioner as Mid Day Meal Worker against an existing vacancy in Sub Tehsil Kotli, District Mandi, (H.P), after affording an opportunity of being heard to her, if so desired. 4. The petition stands disposed of, so also pending CMP (s), if any.