PRAKASH CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) COMPLAINT is that the services of the petitioners, engaged as Mid Day Meal Workers, vide appointment letter Annexure P -1, by the School Management Committee of Govt. Primary School, Paroian, Tehsil Bangana, District Una, have been dispensed with, w.e.f. 4.12.2013, without serving them with any show cause notice or affording an opportunity of being heard. The request they made through print media i.e., Annexure P -3 to the writ petition, did not find favour with the respondents as respondent No.6 instead of restoration of their status as Mid Day Meal Workers in the school, has proceeded to initiate fresh process for appointment of Mid Day Meal Workers in the school, vide Notice Annexure P -2. It is in this backdrop, the petitioners have claimed the following relief in this writ petition:

(2.) THE response of respondent No.6 to the writ petition in a nut shell is that the petitioners were engaged as Mid -day Meal Workers in the school by a Selection Committee of which the elder brother of petitioner No.1 and brother -in -law (Jeth) of petitioner No.2 was the Chairman. One Shri Rajesh, their nephew, was also one of the members of the Selection Committee. Their selection, therefore, itself was bad. Besides, right from their initial engagement , they were committing irregularities and derelictions in the discharge of their duties. They were not careful to maintain cleanliness while preparing the food. Foreign materials, such as house -flies, hair etc., were found in the food. This all was brought to their notice, however, they did not improve their working nor maintained cleanliness while preparing the food and to the contrary, their attitude was found quite indifferent , which has led in dispensation with their services, after due consultation with the higher authorities. Now, pursuant to Annexure P -2, fresh selection has taken place and Shri Roshan Lal and Smt. Satya Devi have been selected who are discharging their duties w.e.f. 17.12.2013. Interim order passed in this petition allegedly was served upon the respondents on 18.12.2013 i.e. after joining duties by the aforesaid two persons and the petitioners being well aware of the fresh selection did not opt to implead the persons so selected as parties in this writ petition. The services of the petitioners allegedly were disengaged in accordance with the resolution passed by the 6th respondent. The complaints of school children Annexures R -6/1 and that of the Headmaster of the School Annexure R -6/2 have also been pressed into service.

(3.) LEARNED counsel, representing the petitioners during the course of arguments, has urged that the disengagement of the services of the petitioners from the school is violative of the principles of natural justice, as according to him, they have not been served either with the show cause notice or afforded an opportunity of being heard.