Termination of services affecting an individual's livelihood without a pre-decisional hearing constitutes a fundamental breach of natural justice. A post-decisional hearing cannot retroactively validate an arbitrary dismissal, as the requirement for a fair, pre-decisional opportunity is a mandatory condition precedent for administrative actions with civil consequences.

Oral Judgment ( Per : Aarti Sathe, J): -

1. This Petition under Article 226 of the Constitution of India is filed seeking the following substantive reliefs:

a) that this Hon'ble Court be pleased to issue writ of Mandamus or any other appropriate writ or order or similar nature directing the Respondents to furnish to the Petitioner the copy of the termination order dated 20.1.2012 and thereafter the this Hon'ble Court be pleased to declare the termination order dated 20.1.2012 issued to the Petitioner as unjust, unfair, arbitrary and against the principles of natural justice and be further pleased to quash and set aside both the termination orders dated 20.1.2012 and direct the Respondents to reinstate the Petitioner to their post of Anganwadi sevika/karyakarti forthwith with back wages from month of January, 2012;

b) pending the hearing and final disposal of this Petition this Hon'ble Court be pleased to pass an Order restraining the Respondents from appointing any other persons as Anganwadi Sevika in place of the Petitioner at village Dakivali, Taluka Wada, District Thane;

2. The primary grievance of the Petitioner in the present Petition, is that her services as an Anganwadi Sevika were terminated by an order dated 20th January 2012 and the order dated 7th February 2014 (hereinafter referred to as the ‘impugned orders’) without adherence to the principles of natural justice. The Petitioner submits that the order dated 20th January 2012 dismissing her from the post of Anganwadi Sevika was never served upon her, thereby depriving her of the opportunity to present her case or defend herself against the alleged grounds of dismissal.

3. Briefly the facts are as follows:

(i) The Petitioner was serving as an Anganwadi Sevika at Village Dakiwali, Taluka Wada, District Thane since the year 1983. It is the Petitioner’s contention that she rendered continuous, unblemished service for over 30 years and was recognized and felicitated on multiple occasions for her exemplary performance.

(ii) On 5th August 2010, a Government Resolution (hereinafter referred to as “the said GR dated 5th August 2010”) was issued by the Respondent Authorities, inter alia providing that in the event an Anganwadi Sevika is elected as a Member of a Gram Panchayat, she shall be required to resign from either the post of Anganwadi Sevika or that of Gram Panchayat Member.

(iii) The Petitioner, upon persuasion and support from the villagers, agreed to contest the Gram Panchayat Elections held on 24th June 2011, 26th June 2011 and 27th June 2011. The Petitioner was duly elected as a Member of the Gram Panchayat in the said elections.

(iv) Thereafter, on 11th July 2011, Respondent No. 8 issued a notice to the Petitioner calling upon her to resign from the post of Anganwadi Sevika in view of the said GR dated 5th August 2010. Upon receipt of the said notice, the Petitioner obtained a copy of the said GR dated 5th August 2010.

(v) The GR dated 5th August 2010 categorically specified that Anganwadi Sevikas were not to be treated as Government employees, but were engaged on an honorarium basis. It further specified that in the event the Anganwadi Sevikas contest elections to a Gram Panchayat, and are elected as Gram Panchayat Member, would be required to resign from either of the two positions, i.e., Anganwadi Sevika or Gram Panchayat Member. The relevant extract of the English translation from Marathi of the said GR dated 5th August 2010 is extracted hereinbelow:

“The posts of ‘Anganwadi Sevika’, Assistant and ‘Mini Anganwadi Sevika’, sanctioned for the ‘Anganwadi Centres’ under th