SMT. SHEELA RANI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Smt. Sheela Rani, the Chief Development Project Officer, as filed the present writ petition under Articles 226/227 of the Constitution of India against the respondents and she has prayed that directions be issued against the respondents from reverting her from the post of Chief Development Project Officer to the post of Supervisor by quashing the order dated 11th February, 1988 (Annexure P-12).

(2.) The case set up by the petitioner is that in the year 1978, she started her service career as Supervisor under the Social Welfare Department Haryana on adhoc basis. Her services were regularised on 15th September, 1982 in the same cadre. On 24th February, 1987, respondent No. 2 appointed her on a higher post i.e. Child Development Project Officer (for short the C.D.P.O.) against a vacant post for a period of four months on her own pay scale along with ten other supervisors. On 25th September, 1987, the petitioner was given the additional charge of C.D.P.O., Rajound, District Jind in addition to the work of C.D.P.O. Kalayat. Vide promotion order dated 23.10.1987, respondent No. 1 promoted the petitioner along with 27 others as C.D.P.O. from the post of Supervisors. There are 29 temporary sanctioned posts of C.D.P.O. No post is permanent, so the petitioner was promoted on adhoc basis. On 2.11.1987, Messrs Sheoji Ram Suresh Kumar Anaj Mandi Jind supplied 'Gur' under the supply of Nutrition Programme to the office of the petitioner. Though the above-said firm supplied the bill for 70 quintals of Gur but on weighing of the bags, it was noticed by the Accountant as well as by the Supervisors that there was shortage of 4 quintals of Gur. Shri Suresh Kumar partner of the said firm gave in writing to the petitioner that he will send the shortage of 4 quintals of 'Gur' in 2-3 days to her office. On 3rd November, 1987 the petitioner informed Smt. Sushila Rawal, Programme Officer, Jind (respondent No. 3) regarding the shortage of 4 quintals of Gur. On 6.11.1987 the petitioner also wrote a letter in her official capacity as C.D.P.O. to the said firm for the supply of shortage of the remaining 4 quintals of Gur.

(3.) The grievance of the petitioner is that vide order dated 8th/9th December, 1987, respondent No. 1 passed the order vide which the petitioner was asked to hand over the charge of the post of C.D.P.O. to Smt. Bimla Kumari. On 11.12.1987 respondent No. 2 passed the transfer order of the petitioner and she was transferred to District Level I.C.D.S. Cell Jind. The grievance of the petitioner further is that respondent No. 1 had issued the impugned reversion order of the petitioner on 11th February, 1988 vide which the petitioner has been reverted from the post of C.D.P.O. to the post of a Supervisor (Annexure P-12) and the said order is bad because this is a non-speaking order and it violates the provisions of Articles 311(2) of the Constitution of India.