SHANTI DEVI Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) The petitioner by way of present petition, has challenged the order dated 28.12.2012 passed by the respondent No.4, terminating her services on the ground that she had attained the age of 65 years as Aanganbari Worker.

(2.) It is submitted by the learned counsel Mr. T.L. Pandey for the petitioner that the petitioner was appointed as Aanganbari Worker at Gram Panchayat Kuredi, Panchayat Samiti Khandar. According to him, though the petitioner was working sincerely and honestly, a notice was served to the petitioner on 23.08.2012, calling upon her to explain as to why her services may not be terminated on her attaining the age of 65 years. He further submitted that though the petitioner had replied to the said notice, her services were terminated by the respondent No.4 vide the impugned order which is ex-facie arbitrary and illegal. He also submitted that the other Aangabari workers, who were of the age more than 65 years, are still working, and the petitioner has been given discriminatory treatment. However, the learned Addl. Govt. Counsel Mr. B.K. Sharma, for the respondents submits that the service of the petitioner as Aanganbari worker was terminated, giving her full opportunity, on her attaining the age of 65 years, in terms of clause No.12 of the Circular dated 15th September 2003. He also submitted that after the termination of her services, she has not worked with the respondent No.4, however if she is found to have worked, as per the record, she will be paid her due salary.

(3.) Having regard to the submissions made by the learned counsels for the parties and to the documents on record, it appears that the appointment of the petitioner on the post of Aanganbari Worker was purely a contractual appointment, and she was paid the honorarium. It is not disputed that her services were terminated after serving her the show cause notice, and taking into consideration her reply. Under the circumstances, it could not be said that the order dated 28.12.2012 was arbitrary or in violation of principle of natural justice. It appears that in view of the circular dated 15th September 2003 also, the Aanganbari workers, should be continued only upto the age of 62 years and that too considering their work performance. In that view of the matter, the Court does not find any substance in the present petition.