NAINABEN MADANSINH SHAPA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India the petitioners, who are the employees of respondent no. 4-Shree Gujarat Kelavani Trust, have prayed for an appropriate writ, order or direction quashing and setting aside the order of termination dated 18/12/2008 issued by respondent no. 4-Shree Gujarat Kelavani Trust.

(2.) IT is also further prayed for an appropriate writ, order or direction commanding the respondents to allow the petitioners to remain in service as if the order of termination dated 18/12/2008 does not exist.

(3.) IT appears that respondent no. 4-Shree Gujarat Kelavani Trust was entrusted with the administration and management of the Anganwadi Center by the State Government under the ICDS project and all the petitioners came to be appointed by respondent no. 4-Shree Gujarat Kelavani Trust. It is the case on behalf of the petitioners that petitioners nos. 1 to 4 are the Supervisors, petitioner no. 5 is the Statistical Assistant, petitioner no. 6 is Clerk-cum-Typist, petitioner no. 7 is Junior Clerk and petitioner no. 8 is serving as a Peon. It appears that due to some irregularity and breach of agreement between the State Government and respondent no. 4-Shree Gujarat Kelavani Trust, State Government passed a Resolution dated 07/11/2008 to take back the administration of the Anganwadi Center at Sankheda, which was entrusted to respondent no. 4-Shree Gujarat Kelavani Trust, Ahmedabad. Petitioners had filed Special Civil Application No. 13998/2008 before this Court to quash and set aside the aforesaid Government Resolution/decision dated 07/11/2008 passed by the State Government and the learned Single Judge vide order dated 26/11/2008 dismissed the said Special Civil Application and the learned Single Judge was of the opinion that the said petition is premature inasmuch as no adverse order has been passed by the State authorities against the petitioners. The learned Single Judge also observed that it may so happen that in view of the communication dated 07/11/2008, respondent no. 4-Shree Gujarat Kelavani Trust might relieve, retrench/absorb the services of the petitioners. The learned Single Judge dismissed the said Special Civil Application by further observing that as no adverse action and/or order has been initiated against the petitioners, the petition is devoid of any merits and deserves to be dismissed and accordingly the learned Single Judge dismissed the said Special Civil Application. It appears that being aggrieved and dissatisfied with the order passed by the learned Single Judge dated 26/11/2008 in Special Civil Application No. 13998/2008, petitioners preferred Letters Patent Appeal No. 1415/2008, which also came to be dismissed by the Division Bench vide order dated 12/12/2008 confirming the order passed by the learned Single Judge in Special Civil Application No. 13998/2008. It appears that thereafter by impugned communication dated 18/12/2008 the respective petitioners were informed by respondent no. 4-Shree Gujarat Kelavani Trust that vide Government Resolution dated 07/11/2008 administration of the Anganwadi Center has been taken back by the State Government and considering the performance of the petitioners as respondent no. 4-Shree Gujarat Kelavani Trust and the management was satisfied, respondent no. 4-Shree Gujarat Kelavani Trust requested the State Government to continue the petitioners and/or take back the administration alongwith the employees and the State has to take a decision. Respective petitioners were further informed by respondent no. 4-Shree Gujarat Kelavani Trust that the State Government has released the salary grant only up to December, 2008 and, therefore, respondent no. 4-Shree Gujarat Kelavani Trust will be in a position to pay the salary only up to December, 2008 and as the administration of the Anganwadi Center has been taken back by the State Government, the State Government shall not pay the salary grant of the employees and, therefore, respondent no. 4-Shree Gujarat Kelavani Trust will not be in a position to pay the salary and, therefore, respondent no. 4-Shree Gujarat Kelavani Trust has no other alternative but to relieve the employees on and from 31/12/2008. Being aggrieved and dissatisfied with the aforesaid communication dated 18/12/2008, the respective petitioners, employees of the respondent no. 4-Shree Gujarat Kelavani Trust, have preferred the present Special Civil Application under Article 226 of the Constitution of India.