The court emphasized the principle of fairness and justification in employment termination cases, considering the circumstances and length of service of the employee.

Mukesh R. Shah, J.

Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Single Judge dated 24.07.2018, passed in C.W.J.C. No. 19141/2016, by which the learned Single Judge has allowed the said petition preferred by the original writ petitioner, and has quashed and set aside the order terminating the services of the original writ petitioner as Anganwari Sevika for Centre No. 31, Village-Paramanandapur under Raghopur Block in the District of Supaul, the original Respondent No. 7 has preferred the present Letters Patent Appeal under Clause X of the Letters Patent.

2. Heard learned Counsel appearing on behalf of the respective parties at length and perused the impugned judgment and order passed by learned Single Judge.

3. Having heard learned Counsel appearing on behalf of the respective parties and on perusal of the impugned judgment and order passed by the learned Single Judge, it appears that as such appellant herein - original Respondent No. 7, was appointed as an Anganwari Sevika for Centre No. 31, Village-Paramanandapur under Raghopur Block in the District of Supaul, which post was occupied by the original writ petitioner.

4. It is not in dispute that after the service of the original writ petitioner was terminated from the post of Anganwari Sevika for Centre No. 31 and the same was under challenge, the original Respondent No. 7, appellant herein, was appointed. The order of termination of the original writ petitioner was under challenge before the learned Single Judge by way of C.W.J.C. No. 19141/2016.

5. By the impugned judgment and order, the learned Single Judge has allowed the writ petition preferred by the original writ petitioner and has quashed and set aside her termination as an Anganwari Sevika and, consequently, has also quashed and set aside appointment of the original Respondent No. 7, appellant herein.

6. Feeling aggrieved and dissatisfied by the judgment and order passed by the learned Single Judge, the original Respondent No. 7 has preferred the present Letters Patent Appeal.

7. Shri Rajesh Kumar Sinha, learned Counsel appearing on behalf of the appellant herein, original Respondent No. 7, has vehemently submitted that, in fact, the learned Single Judge has wrongly noted that the original writ petitioner remained absent for one day. It is submitted that, in fact, the original writ petitioner remained absent for three days. It is submitted that even the board was not displayed and, therefore, there was a breach of the guideline issued. It is submitted that, therefore, the original writ petitioner was rightly dismissed from her post of Anganwari Sevika. It is submitted that, therefore, the learned Single Judge materially and substantially erred in setting aside the order of dismissal dismissing the original writ petitioner from her post of Anganwari Sevika.

7.1 It is submitted by learned Counsel appearing on behalf of the appellant that even otherwise the appellant, original Respondent No. 7, could not have been ordered to be relieved, as in her appointment order there was no condition that her appointment is subject to the ultimate outcome of the present writ petition filed by the original writ petitioner.

7.2 Making above submission, it is requested to allow the present appeal.

8. Heard learned Counsel appearing on behalf of the respective parties at length. At the outset it is required to be noted that the original writ petitioner was serving as an Anganwari Sevika for last two decades and she was dismissed from her post of Anganwari Sevika for remaining absent for one day. According to the appellant herein, she remained absent for three days.

9. Be that as it may, considering the fact that the original writ petitioner remained absent due to sickness/illness for which necessary certificate/document was submitted and having found that the order dismissing her from the post of Anganwari Sevika for remaining absent for one/three days to be too harsh and as such there was