RAJU KUMAR Vs. STATE OF MP

JUDGEMENT

(1.) THE present writ petition under Article 226 of Constitution of India assails the order Annexure P -1 dated 23.9.2011 passed by the District Education Officer, District Sheopur and order Annexure P -2 dated 31.7.2013 passed by the Collector, District Sheopur, whereby, the services of the petitioners who are daily rated employees have been dispensed with and the said dispensation has been upheld by the Collector, District Sheopur respectively. A further prayer has been sought for reinstatement in service with consequential benefits.

(2.) LEARNED counsel for the rival parties are heard on the question of admission.

(3.) LEARNED counsel for the petitioners contends that the petitioners were appointed as daily rated employees vide different orders issued on 21.6.2011 and 21.7.2011 at the different High Schools and Higher Secondary Schools functional at different places in District Sheopur. It is submitted that vide Annexure P -3 orders of engagement/appointment were issued as peon for all the petitioners pursuant to which the petitioners joined in August, 2011 vide Annexure P -4, However, the services of the petitioners were terminated vide Annexure P -1 dated 23.9.2011 issued by the District Education Officer, District Sheopur based upon the direction of the Collector, District Sheopur issued on 19.9.2011. This termination was motivated by dual reasons. First being that neither any such case was registered before grant of engagement to the petitioners in the office of Collector, District Sheopur and secondly no concurrence for the same was sought from the office of District Education Officer, District Sheopur. Undisputedly, the said termination order vide Annexure P -1 was without affording opportunity to the petitioners of being heard.