VIJAY LAKSHMI Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) BY medium of this petition, the petitioner has prayed for quashing of the impugned notice dated 27.5.2015 (Annexure P -4) whereby her services came to be dispensed with.

(2.) THE petitioner vide letter dated 14.3.2013 was offered appointment of Nursing Assistant (X -ray Assistant/Radiographer) for ECHS Polyclinic Kullu where she after executing the requisite agreement joined as such on 1.4.2013. The contract of the petitioner was thereafter renewed for another 12 months vide agreement dated 1.4.2014 and thereafter subsequently renewed for another 12 months on 4.4.2015. However, vide notice dated 27.5.2015 the petitioner was informed that since the scales of Nursing Assistants in the Polyclinic had been reduced, therefore, it had been decided to conclude her services. This action of the respondents has been assailed on the ground that once the contract of the petitioner had been renewed, there was no occasion for the respondents to have issued the impugned notice. Moreover, the petitioner was otherwise ready and willing to work under the reduced scale and should have therefore been offered the appointment on the reduced scales.

(3.) IT is not in dispute that the services of the petitioner came to be dispensed with only on account of the rationalizing/restructuring and revamping of the respondent -organization whereby the scales of the authorized manpower was ordered to be reduced. Rationalizing/restructuring and revamping of services are essentially matters pertaining to 'policy' which ordinarily should not be interfered with by this Court in exercise of its jurisdiction under Article 226 of the Constitution of India.