RAKSHA RANI Vs. STATE OF HARYANA & OTHERS

JUDGEMENT

(1.) This judgment shall dispose of 12 connected writ petitions, bearing CWP-9338, 12166, 9339, 9340, 9341, 9393, 9406, 9426, 9427, 12167, 9392, 9390 and 15346-2014, involving common questions of law and facts. However, to dictate orders, facts have been taken from CWP-9338- 2014 titled Raksha Rani Vs. State of Haryana and others.

(2.) It is the pleaded case of the petitioner that she had joined on the post of Balsevika in the Creche Centre at Rambagh on 01.02.1995 with District Child Welfare Council, Bal Bhawan Ambala City and worked till 18.03.2014, when the impugned order was passed, relieving her from service by the District Child Welfare Officer-respondent No.4. Resultantly, challenge has been raised to the said order and for quashing the same and seeking reinstatement with all consequential benefits. In addition to that, minimum of the regular pay-scale without any allowance, is prayed for, in view of the Division Bench judgment passed in CWP-1286-1987 titled Shakuntla Devi Vs. The Deputy Commissioner, Sirsa & another, decided on 01.10.2012 (Annexure P-2).

(3.) Challenge to the order dated 18.03.2014 (Annexure P-1) has been raised on the ground that the order was passed by an officer who was not the competent authority and the Deputy Commissioner, being the President of the District Child Welfare Council, was the competent authority. Grant-in-aid was obtained from Indian Council for Child Welfare, New Delhi and no decision had been communicated to close down the Creches and therefore, challenge was raised to the closing down. Similarly, for the grant of minimum pay-scale, reliance has been placed upon Full Bench judgment in Avtar Singh Vs. State of Punjab 2012 (1) PLR 1, to claim that the petitioner is entitled for the said benefits. A perusal of the impugned order would go on to show that it