Termination of services without due process is unjustified and can lead to dismissal of applications seeking vacation of interim orders.

ORDER

In S.B. Civil Misc. Application No.1/2021:-

1. This application has been filed by the respondents seeking vacation of interim order dated 08.04.2021 whereby, the effect and operation of the order dated 01.04.2021 passed by the Director, Sanskrit Education terminating services of the petitioner, was stayed and she was permitted to continue to work.

2. Learned counsel for the respondents submits that the petitioner was never appointed on regular basis against a sanctioned vacant post and was being paid salary out of the contingency fund and hence, vide order dated 01.04.2021, a direction was issued terminating her services. He, therefore, prays that the application be allowed and the order dated 08.04.2021 be vacated.

3. Per contra, learned counsel for the petitioner submits that the petitioner is working as Sweeper with the respondents since the year 1986 and the order impugned dated 01.04.2021 terminating her services came to be passed out of malice as a writ petition filed by her seeking minimum of pay scale of Class-IV employee was allowed by this Court vide order dated 04.07.2018 and the D.B. Civil Special Appeal (Writ) preferred thereagainst by the respondents was dismissed by a Division Bench of this Court vide order dated 24.01.2020. He, therefore, prays for dismissal of the application.

4. Heard. Considered.

5. Indisputably, the petitioner is working as Sweeper with the respondents no.3 and 4, the Government Acharya Sanskrit College, Sikar and the Government Acharya Sanskrit School, Sikar since the year 1986 and the SBCWP No.11614/2013 filed by her seeking minimum pay scale of Class-IV employee was allowed by this Court vide its order dated 04.07.2018 which was unsuccessfully challenged by the respondents by way of a special appeal which was dismissed by a Division Bench of this Court vide order dated 24.01.2020. Admittedly, the order dated 01.04.2021 has been passed without issuing any show cause notice or without affording the petitioner an opportunity of hearing. In these circumstances, this Court is not satisfied that interim order dated 08.04.2021 needs to be vacated.

6. The application is dismissed accordingly.

In S.B. Civil Misc. Application No.1/2022:-

7. Learned counsel for the petitioner submits that despite interim order of this Court, she is not being paid salary. He further submits that in gross violation of direction of this Court vide order dated 04.07.2018, she was being paid a sum of Rs.240/- per month only.

8. Learned counsel for the respondents is directed to ensure payment of salary to the petitioner and to file an affidavit of Principal Secretary, Department of Education to explain the reasons for non-compliance of the direction of this Court dated 04.07.2018 in SBCWP No.11614/2013 as also the reasons for non-payment of salary post 08.04.2021.

9. List on 25.11.2022 as ’first case’.