ASHA DEVI Vs. STATE OF HP AND OTHERS

JUDGEMENT

(1.) The petitioner is aggrieved by the resolution of School Management Committee-3rd respondent, whereby her services as Mid-day Meal Worker in Government Primary School, Sadhor, Education Block-Surla P.O. Chakli Tehsil Nahan, District Sirmour, (H.P.) has been dispensed with and respondent No. 4 appointed as Mid Day Meal Worker in her place.

(2.) Admittedly, respondent No. 4 was working as Mid Day Meal Worker in Government Primary School, Sadhor. She as per Annexure R-1 to the reply filed on her behalf fell ill and was admitted for treatment in MM Medical College & Hospital Kumarhatti Solan. She was admitted on 28.3.2017 and discharge on 18.4.2017. It can reasonably be believed that during this period, she was prevented on account of her ailment to attend her duties. No doubt as per the case set up in the writ petition, she absented from duties on and w.e.f. 12.4.2017. The discharged slip (Annexure R-1) to the reply filed on her behalf further reveal that she was not attending her duties from 28.3.2017 onwards. Respondent No. 3 has conducted fresh elections in its meeting held on 17.4.2017 and elected the office bearers including the petitioner as its President. Since respondent No. 4 had not been attending her duties, therefore, taking advantage of that situation, petitioner in the capacity of President of respondent No. 3 has convened a meeting on 27.4.2017 and resolved to get herself appointed as Mid Day Meal Worker in place of respondent No. 4 on taking note of her absence from duty from 17.4.2017 onwards.

(3.) The complaint (Annexure R-1) to the reply field on behalf of respondent No. 3 was made by one Dayawanti to Block Primary Education Officer, Surla, Tehsil Nahan, District Sirmour.