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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Sandeep Sharma, J.
Kanta Devi - Petitioner
Versus
State of H.P. and Ors. - Respondents
CWP No. 5015 of 2010
Decided On : 05-08-2016
Termination - Mid-Day Meal Worker - [Mid-Day Meal Scheme, 2004, Himachal Pradesh Government Guidelines, 2010, 2011] - The court examined the termination of a mid-day meal worker and the application of the 'last come first go' principle as per the guidelines issued by the Government of Himachal Pradesh. The court directed the fresh appointment of the mid-day meal worker in accordance with the 2011 guidelines to bring transparency and clarity to the appointment process.
Fact of the Case:
The petitioner, a mid-day meal worker, challenged the oral termination of her services and sought reinstatement. The respondents refuted the claim and stated that the termination was in accordance with the guidelines.
Finding of the Court:
The court found that the petitioner's services were terminated based on a resolution passed by the School Management Committee, and the termination was attributed to the petitioner's disobedience and misbehavior.
Issues: The main issue was whether the termination of the petitioner's services as a mid-day meal worker was in compliance with the 'last come first go' principle as per the government guidelines.
Ratio Decidendi: The court held that the petitioner's services could not be terminated ahead of other appointees in violation of the 'last come first go' principle. However, it also noted that the appointment of multiple workers for the same post on a batch-wise basis was not a healthy practice.
Final Decision: The court directed the respondent to make fresh appointments for the mid-day meal worker position in accordance with the 2011 guidelines, ensuring transparency and clarity in the appointment process.
Sandeep Sharma, J.
By way of present writ petition filed under Article 226 of the Constitution of India, the petitioner has prayed for following reliefs:-
(i) That the oral termination of the services of the petitioner may kindly be quashed and set-aside and the respondents be directed to reinstate back the present petitioner and she may be allowed to work as Mid-Day Meal worker in the same School/capacity under which she was working.
(ii) That the respondents may kindly be directed to consider the case of the present petitioner sympathetically taking into consideration all aspect of the matter within time bound period.
(iii) That the costs of this writ petition may kindly be awarded in favour of the petitioner.
(iv) That the entire record pertaining to the case may kindly be summoned for the kind perusal of this Hon’ble Court.
(v) Any other order which this Hon’ble Court deems fit and proper in the facts and circumstances of the case may also be passed in favour of the petitioner.
2. Briefly stated facts as emerge from the record are that petitioner being aggrieved with the oral termination of the her services by respondent No. 4 has approached this Court seeking direction to the respondent to reinstate her back in the service in the capacity of mid-day meal worker in the Govt. Primary School Garyala, Tehsil Karsog, District Mandi, H.P. It emerges from the record that pursuant to the scheme framed by Government of India, namely Mid-Day Meal Scheme (In short the Scheme), Govt. of Himachal made certain appointments in various Govt. primary/upper primary schools under the Scheme. Similarly, present petitioner in terms of aforesaid scheme was appointed as Mid day meal worker in September, 2004 in the said school and since then, she had been performing her duties till her oral termination as alleged by the petitioner. However, perusal of letter dated 29.4.2010 (Annexure P-1) suggests that state of HP issued necessary guidelines to all the Deputy Directors of Elementary Education with regard to the engagement of mid day meal workers in primary and upper primary schools as per Govt. of India new norms. It would be apt to reproduce aforesaid guidelines.
“The GOI has revised/prescribed the norms of engaging Cook-cum-Helper under the Mid Day Meal Scheme which has been circulated to you vide this Directorate letter of even No. dated 23.2.2010.
The department is receiving representations from field offices regarding rationalization/engaging of Cook-cum-Helpers under new norms fixed by Govt. of India.
In this regard, it is stated that in such cases where cook-cum-helper is becoming surplus due to the new norms of revised enrollment slab, then the persons appointed on later date may be relieved off his duties on the principle of “last come first go”
You are, therefore, requested to issue directions to field offices that School Development Management Committee (SDMC) which is responsible for implementation of MDM Scheme at school level, may follow the above mentioned principle while rationalizing the engagement of cook-cum-helper.
You are also directed to ensure that the anganwari worker and water carrier, who are performing the additional duties of cook-cum-helper, have given their option either to perform duties of anganwari/water carrier or cook cum helper under MDM scheme and they may be assigned duties as per option exercised by them. In no case, the anganwari worker and water carrier have been assigned/given additional duties of cook cum helper under MDMS.”
3. Close scrutiny of the aforesaid instructions issued by respondent-State Suggests that Govt. of India revised norms for engaging cook-cum-helper under the Scheme, which was earlier circulated by respondent-State to the various Directors of Elementary Education, HP, vide letter dated 23.2.2010. Since department had received representation from field officers regarding rationali
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