SUNEETA DHAKAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has invoked Article 226 of the Constitution of India challenging order dtd. 01/02/2022 (Annexure- P/1), whereby their services from the post of Assistant Warden have been dispensed with. They have also prayed for their re-instatement in service with back wages. Since all the petitions involve similar facts and issue for determination, they are considered and decided by this common order. For purposes of convenience, the facts are taken from W.P. No. 3770 of 2022.

(2.) In order to provide quality education to the deprived category of girls students, the Government of India formulated a project namely Kasturaba Gandhi Girls School/Hostel Project. Under this project initially in 27 districts of State of Madhya Pradesh, Kasturaba Gandhi Girls Schools/Hostels were established during the period from 2005 to 2008. Further, in anticipation of permission to establish 35 more schools, the Commissioner, Rajya Shiksha Kendra issued instructions to initiate process for selection of middle schools in each Development Block to be nominated as Kasturba Gandhi School and to arrange for residence of 50 girls students in each school so that session can be started immediately on receiving the permission from Government of India. These facts are evident from the instructions issued by the Commissioner, Rajya Shiksha Kendra vide memo dtd. 27/03/2006 (Annexure-P/2). Vide circular, dtd. 27/03/2006, instructions were also issued laying down the qualification and procedure for appointment of staff for the schools including Warden, Assistant Warden, Accountant etc. For purposes of the present case, the qualification and procedure prescribed for appointment of Assistant Warden is relevant. As per the instructions issued vide circular dtd. 27/03/2006 (Annexure-P/2), the procedure for appointment of Assistant Warden is as under:-

(3.) The petitioner in this case claims to have been appointed as Assistant Warden of Kasturba Gandhi Balika Vidyalaya (KGBV) at Tendua, District- Shivpuri. In support of her claim, she relied upon the resolution passed on 25/09/2007 by the Parents-Teacher Association (in short 'PTA') on 25/09/2007 (Annexure-P/4). Pursuant to this resolution, the appointment order was issued in favour of the petitioner on 26/09/2007 by the Warden of the school. The petitioner was thus working ever since till the impugned order was passed. In the writ petition, the petitioner has averred that she has been sent for training from time to time and further vide memo dtd. 18/11/2016, she alongwith others were recommended for extension in service. She has further stated that honorarium for the post of Assistant Warden was revised from time to time as is evident from documents filed as Annexure-P/7 and further that she was paid the revised honorarium as is reflected from documents filed as Annexure- P/8.