SANJEEV KUMAR JAIN Vs. STATE OF M P

JUDGEMENT

(1.) In this writ petition, the petitioner who was appointed as assistant project officer in Integrated Child Development Scheme Project (ICDS), Tendukheda by Janpad Panchayat, Tendukheda inter alia seeks a direction to the respondents to absorb his services in Women and Child Development Department of Government of Madhya Pradesh, The facts, necessary for adjudication of the controversy involved in the writ petition are narrated hereunder. The ICDS project was introduced by the Government of India through the Department of Human Resources Development for integrated delivery of certain services of pre-school children, pregnant and lactating women. The object of the scheme was to improve the health and nutritional status of children and women and to reduce the incidences of school dropouts and physical and social welfare and development of the child. Paragraph 47 of the scheme provides that even though funds will be provided by the Central Government, the staff will be borne on the appropriate cadres of the State and therefore, the State should sanction the posts (as per appendix) in the appropriate corresponding State pay scale. The anganwadi workers and their helpers will be honorary workers.

(2.) The State Government by order dated 2-6-1995 handed over the ICDS project at Tendukheda, district - Damon to Janapad Panchayat, Tendukheda and sanctioned the staffing pattern. An advertisement dated 15-12-1995 was issued by the Janpad Panchayat, Tendukheda. The petitioner in response to the aforesaid advertisement submitted an application. By communication dated 6-1-1996, the petitioner was asked to appear for interview on 17-1-1996. Thereafter by order dated 15-3-1996, the petitioner was appointed temporarily on the post of Assistant Project Officer. The order of appointment contained a stipulation that the petitioner would be required to complete the period of probation of two years and the post on which the petitioner is appointed is temporary and the petitioner shall not be treated as government servant. The order of appointment further contained a stipulation that services of the, petitioner can be terminated any time without assigning any reason.

(3.) Thereafter vide resolution dated 23-7-1998 passed by the Janpad Panchayat, Tendukheda the services of the petitioner were regularised on successful completion of the period of probation in anticipation of approval by the State Government. It has been averred in the writ petition that from time to time, the petitioner not only performed the duties of the post of Assistant Project Officer but he was assigned various duties which are performed by the employees of the State Government. The petitioner, in support of the aforesaid submission has annexed copies of such orders as Annexures P-12 to P-22.