SARASWATI SAHU Vs. STATE OF M P

JUDGEMENT

(1.) THIS writ petition has been transferred to this Court on dissolution of the State Administrative Tribunal. Initially, this petition was filed before the State Administrative Tribunal at Jabalpur being Original Application No. 388 of 2000 on 27/01/2000. The main grievance of the Petitioners is that the impugned order dated 29/12/1999 (Annexure-A/1) is bad on account of the fact that the Petitioners have been removed from their service without affording any opportunity of hearing and further juniors to the Petitioners have been retained in the service.

(2.) THE undisputed facts, in nut shell, are that Petitioner No. 1 was engaged to work on the post of Aaya by the District Women and Child Development Officer, Bilaspur vide order dated 23/04/1990 (Annexure-A/ 2) on daily-wage basis. Petitioner No. 2 was engaged to work on the post of Watchman by the District Women and Child Development Officer, Bilaspur vide order dated 02/08/1989 (Annexure-A/3) on temporary basis.

(3.) SHRI Ajay Dwivedi, learned Panel Lawyer appearing for the Respondents/State, per contra, submits that the appointment of the Petitioners was temporary, not against the vacant posts. The appointment of the Petitioners was not in accordance with the constitutional scheme and as such, they have no right to be reinstated in service or to continue in service on the basis of grant of regular pay-scale.