JUDGMENT :

PANKAJ BHATIA, J.

1. Heard Shri Mrinal Chandra, learned counsel for the petitioner; Shri Dev Rishi Kumar, learned counsel for respondent/Union of India and Shri Mukund Madhav Asthana, learned counsel appearing for the Mid Day Meal Authority.

2. Present petition has been filed highlighting the plight of workers who are engaged in preparing the mid day meals across various government run and government aided schools.

3. Contention of learned counsel for the petitioner is, that the petitioner is a union representing the persons who are employed as Cooks for preparing Mid Day Meal in the institutions run and aided by the government. The petitioner Union is a registered trade union. It is stated that with an aim of providing nutrition to the children in various schools of the District of Uttar Pradesh, Central Government and State Government, on cost sharing basis run a programme known as ‘Mid Day Meal Programme’ under the National Programme of Nutritional Support to Primary Education.

4. It is informed that the decision for providing nutritional support to the children initially flowed from the orders dated 28.11.2001 and 20.04.2004 passed by the Hon’ble Supreme Court in the case of People’s Union for Civil Liberties vs. Union of India and Others, Writ Petition (C) No. 196 of 2001 (hereinafter referred to ‘PUCL’).

5. In terms of the directions given by the Supreme Court, Government Order dated 25.06.2004 (Annexure-5) was issued wherein a decision was taken for providing Mid Day Meal to the students for a minimum period of 200 days in a calendar year. It was also provided that 25% of the expenses incurred for the said purpose shall be borne by the State through PMGY scheme, another 25% shall be provided by the State out of its own funds and the balance 50%, which includes the cost of grains, etc shall be provided by Union of India free of cost. The said Government Order also provided for constitution of a committee in the respective schools and at the Nagar Nigam levels.

6. In terms of the said Government Order, Cooks cum Helpers were to be appointed for a period of one year in different primary schools/junior high schools.

7. It is stated that Ministry of Human Resource Development, Government of India issued a letter dated 24.11.2009 whereby it was provided that the Cooks/Helpers preparing the Mid Day Meal in terms of the scheme would be entitled to an ‘honorarium’ of Rs. 1,000/- per month.

8. It is also argued by learned counsel for the petitioner that Government Order dated 24.04.2010 (Annexure-8) was issued for providing Mid Day Meal to various educational institutions managed by the State/local bodies, the non government aided colleges and Madarsas etc. and similar stipulation with regard to payment of honorarium of Rs. 1,000/- per month was provided therein. In the said Government Order, it was further provided that the selection of the Cooks in respect of aided institutions, Madarsas, Self Help Groups and NGOs shall be done by them, however, in respect of the other institutions managed by the State and local bodies, the selection is to be done by the State. Thus, for the purpose of payment of quantum of honorarium, the institutions run by private management/madrasas on one hand and institutions run by Government/run under aid from government/managed by local bodies, on the other hand were treated on similar footing.

9. The quantum of honorarium was fixed through circular dated 29.07.2010 at Rs. 1,000/- per months to be paid by the Central Government and the State Government in the share as decided and recorded above.

10. Subsequently, by means of the order dated 09.07.2014 it was provided that the honorarium to the Cook cum Helper, shall be paid only for 220 working days and/or for a period of 10 months in a calendar year.

11. Learned counsel for the petitioner also places reliance on the Government Order dated 12.01.201