Adherence to principles of natural justice in termination cases and the obligation to address non-payment of honorarium.

Heard Shri TN Srinivasan, learned counsel for the petitioner. Also heard Shri CS Hazarika, learned State Counsel, Assam for the official respondents.

2. The challenge in this writ petition is against the action of the respondent authorities in terminating the services of the petitioner as an Anganwadi Worker. The principal ground of challenge is violation of the principles of natural justice and not adhering to a fair procedure. An additional issue of non-payment of the honorarium for a particular period has also been raised.

3. The facts projected are that vide an order dated 26.03.2002, the services of the petitioner was engaged as an Anganwadi Helper in the No. 125 Dhingarati Anganwadi Centre in the district of Morigaon.

4. After serving in the said post, the said services of the petitioner was upgraded to the post of Anganwadi Worker vide an order dated 05.07.2014. While discharging her duties, it is the case of the petitioner that vide an order dated 23.02.2023, her services were terminated. The petitioner claims to have submitted a representation on 09.03.2023 which has not been considered and accordingly, the present writ petition has been filed.

5. Shri Srinivasan, learned counsel for the petitioner has formulated his challenge in the following manner:

(i) The order of termination does not assign any reasons and therefore, such termination is arbitrary and unreasonable;

(ii) The impugned order does not reflect that the petitioner was given a fair opportunity to defend herself even assuming that there were some allegations qua the services rendered by the petitioner; and

(iii) There was no inquiry conducted to come to a finding whereby allegations, if any, were held to be substantiated.

6. The learned counsel for the petitioner, as indicated above, has also contended that the honorarium before her termination has not been paid to her. To be more precise, the period has been quantified from March, 2022 to till the date of termination of her services which is in February, 2023.

7. Per contra, Shri Hazarika, learned State Counsel has submitted that the factual projection made by the petitioner is not correct. By referring to the affidavit-in-opposition filed by the respondent no. 7 on 01.08.2023, the learned State Counsel has submitted that the Centre was initially at the residence of the petitioner. After upgrading the services of the petitioner from Anganwadi Helper to Anganwadi Worker, there was a requirement of filling up the post of Anganwadi Helper in which the daughter of the petitioner was one of the aspirants. However, in the selection held, the daughter of the petitioner was not successful and therefore, the petitioner had created problems for the selected Anganwadi Helper in joining and discharging the duties. Consequently, the functioning of the Centre as such, was hampered and the entire objective to have the Centre was being defeated. It is submitted that to overcome the said situation, even the Anganwadi Centre had to be shifted to another location.

8. As regards the aspect of not giving the opportunity and the issue raised pertaining to violation of the principles of natural justice, the learned State Counsel has submitted that three numbers of communications in the form of show cause notices were issued to the petitioner. In this connection, reference has been made to the communication dated 20.02.2023 issued by the Director, Women and Child Development, Assam which would reflect the details of the aforesaid three numbers of show cause notices. It is submitted that in the affidavit-in-reply, the receipt of such show cause notices appear to have been admitted vide the communication dated 08.07.2022 made by the petitioner. The action for termination of the services of the petitioner had to be taken in the public interest and was done by following due process of law.

9. In his rejoinder, Shri Srinivasan, learned counsel has submitted that though there is a reference of certain complaints, the details of such complaint