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2014 DIGILAW 74 (HP)

Prakash Chand v. State of H. P.

2014-01-10

DEV DARSHAN SUD, DHARAM CHAND CHAUDHARY

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JUDGMENT Dharam Chand Chaudhary, J. (oral) Complaint is that the services of the petitioners, engaged as Mid Day Meal Workers, vide appointment letter Annexure P-1, by the School Management Committee of Govt. Primary School, Paroian, Tehsil Bangana, District Una, have been dispensed with, w.e.f. 4.12.2013, without serving them with any show cause notice or affording an opportunity of being heard. The request they made through print media i.e., Annexure P-3 to the writ petition, did not find favour with the respondents as respondent No.6 instead of restoration of their status as Mid Day Meal Workers in the school, has proceeded to initiate fresh process for appointment of Mid Day Meal Workers in the school, vide Notice Annexure P-2. It is in this backdrop, the petitioners have claimed the following relief in this writ petition: “(a) That the impugned action of the respondents terminating the services of the petitioners as mid-day meal worker without notice is unconstitutional, illegal and smacks of arbitrariness, malafide which cannot be legally permitted to be done in a welfare State. The petitioners condemned unheard and therefore the impugned action is against the principal of natural justice. (b) That the respondents may kindly be directed to allow and permit both the petitioners to perform their duties as Mid-day Meal Worker in the Government Primary School, Paroian, Tehsil Bangana, District Una, H.P. and respondents fresh advertisement dated 5.12.2013 in which they-respondents now going to fill up vacancy of the Mid-day Meal Worker i.e. cook and cook helper may kindly be quashed and set aside as in Annexure P-2. (c) That the brake in services of the petitioner may kindly be ordered to be counted for all intents and purpose.” 2. The response of respondent No.6 to the writ petition in a nut shell is that the petitioners were engaged as Mid-day Meal Workers in the school by a Selection Committee of which the elder brother of petitioner No.1 and brother-in-law (Jeth) of petitioner No.2 was the Chairman. One Shri Rajesh, their nephew, was also one of the members of the Selection Committee. Their selection, therefore, itself was bad. Besides, right from their initial engagement, they were committing irregularities and derelictions in the discharge of their duties. They were not careful to maintain cleanliness while preparing the food. Foreign materials, such as house-flies, hair etc., were found in the food. Their selection, therefore, itself was bad. Besides, right from their initial engagement, they were committing irregularities and derelictions in the discharge of their duties. They were not careful to maintain cleanliness while preparing the food. Foreign materials, such as house-flies, hair etc., were found in the food. This all was brought to their notice, however, they did not improve their working nor maintained cleanliness while preparing the food and to the contrary, their attitude was found quite indifferent, which has led in dispensation with their services, after due consultation with the higher authorities. Now, pursuant to Annexure P-2, fresh selection has taken place and Shri Roshan Lal and Smt. Satya Devi have been selected who are discharging their duties w.e.f. 17.12.2013. Interim order passed in this petition allegedly was served upon the respondents on 18.12.2013 i.e. after joining duties by the aforesaid two persons and the petitioners being well aware of the fresh selection did not opt to implead the persons so selected as parties in this writ petition. The services of the petitioners allegedly were disengaged in accordance with the resolution passed by the 6th respondent. The complaints of school children Annexures R-6/1 and that of the Headmaster of the School Annexure R-6/2 have also been pressed into service. 3. Respondents No. 1 to 5 have not opted to file any response to the writ petition, however, learned Additional Advocate General has placed on record the written instructions. As per the same, the stand of the said respondents is that the Mid-day Meal Workers are being engaged by the School Management Committees at its own level in accordance with the guidelines/norms prescribed thereto. In this matter, the services of the petitioners allegedly were dispensed with by the School Management Committee, pursuant to Resolution dated 3.12.2013, as their conduct and behaviour was not upto the mark. In this behalf, it is submitted that the petitioners have misbehaved with the Head Teacher and respondent No.6 and even abused also. Their work was also not found satisfactory. The petitioners pursuant to the interim order passed by this Court no doubt are stated to be coming to the school, however, not being assigned any duties. 4. In this behalf, it is submitted that the petitioners have misbehaved with the Head Teacher and respondent No.6 and even abused also. Their work was also not found satisfactory. The petitioners pursuant to the interim order passed by this Court no doubt are stated to be coming to the school, however, not being assigned any duties. 4. Learned counsel, representing the petitioners during the course of arguments, has urged that the disengagement of the services of the petitioners from the school is violative of the principles of natural justice, as according to him, they have not been served either with the show cause notice or afforded an opportunity of being heard. 5. On the other hand, learned counsel, representing the contesting respondent, has come forward with the version that the petitioners were given several opportunities to mend their conduct and behaviour and even warned also, however, they failed to do so and as such, were rightly removed by respondent No.6 pursuant to the resolution passed on 3.12.2013. 6. We find from the record that the services of the petitioners stand dispensed with on and w.e.f. 3.12.2013. Even new selection has also taken place and the new incumbents, namely Sh. Roshan Lal and Smt. Satya Devi, have assumed duties and rather presently in position in the school. True it is that the resolution of the Management Committee dispensing with the services of the petitioners has not seen the light of the day being not placed on record, the petitioners, however, themselves have admitted that their services stand dispensed with from 4.12.2013. As regards the complaints qua their work and conduct, true it is that they have not been served with any show cause notice in this behalf nor their version taken on record and rather as per the response of the respondents, they were orally made aware about their work and conduct being not satisfactory and when no improvement was noticed, their services were dispensed with. We, therefore, find force in the plea of violation of principles of natural justice, raised on their behalf, however, when their services stand already dispensed with and even fresh selection also stand made, no direction to the respondents to reengage them with seniority, as sought in the writ petition, can be passed. 7. We, therefore, find force in the plea of violation of principles of natural justice, raised on their behalf, however, when their services stand already dispensed with and even fresh selection also stand made, no direction to the respondents to reengage them with seniority, as sought in the writ petition, can be passed. 7. We, therefore, direct the respondents to ensure that the bare minimum requirement of complying with the principle of natural justice is observed by affording the petitioners an opportunity of being heard. Respondent No.4, the immediate superior Officer in Education Block, Bangana, District Una, shall, therefore, serve both the petitioners with show cause notice and take a decision, within two months from today, after taking on record their version and affording them an opportunity of being heard. In the meanwhile, Shri Roshan Lal and Smt. Satya Devi, appointed as Mid-day Meal Workers pursuant to the fresh selection, shall continue to discharge their duties as such in the school. In case the decision so taken by the 4th respondent goes in favour of the petitioners, a copy thereof will be supplied to aforesaid Shri Roshan Lal and Smt. Satya Devi and shall not be implemented for six weeks from the date of receipt thereof by them, thereby enabling them to approach appropriate forum in accordance with law, for redressal of their grievances, if any. We reserve the liberty to the petitioners also to assail the decision so taken, if against them, in accordance with law, if so advised. 8. With the above observations, this Writ petition stands disposed of, so also the pending application(s), if any.