GOPAL SINGH Vs. STATE

JUDGEMENT

(1.) This writ petition was filed by Gopal Singh in the year 1995 challenging the oral order of his termination by the respondents from their services and with the prayer that the respondents be directed to reinstate him in service with consequential benefits and with the further direction to the respondents to regularize his service on the post of Langari with effect from the date of his initial appointment and make payment of his salary in the regular pay scale on that post from the date of his initial appointment together with arrears.

(2.) According to the petitioner, he was appointed on temporary basis as Langari (Cook) in mess of Mania Police Station on the consolidated payment of Rs. 150/- per month in the beginning of the year 1983. When he filed the writ petition in 1995, he asserted that he has been continuously working with the respondents for 18 years. He was required to discharge the duties in the morning as well as in the evening to prepare food for not only staff of the Police Station but also for the prisoners who were kept in the lock up of that Police Station. On one of his representations, Collector, Dholpur by his letter dated 9.4.1991 directed the S.H.O., Police Station, Mania to look into the matter and take necessary action. The consolidated salary of the petitioner was increased to Rs. 250/- per month with effect from March, 1993 but he was still not paid any regular pay scale. Petitioner thereafter again submitted number of representations praying for his regularization. The S.H.O. Police Station, Mania. Dholpur also recommended his regularization. Copies of the representations dated 5.12.1992, 25.4.1993 and 18.12.1993 are on record. When the respondents did not regularize his service, the petitioner approached this Court by filing the S.B. Civil Writ Petition No. 2942/1994 which was dismissed by judgement of this Court dated 6 7.1994 with liberty to the petitioner to make are presentation to the respondents and direction to the respondents to decide the same within one month from the date of submission of certified copy of the order. It is contended that when nothing was done, the petitioner served a notice for demand of justice on 17.8.1995. On receipt of such notice, S.P. Dholpur visited the Police Station Mania on 11.9.1995 and he was apparently annoyed with the notice of the petitioner intending to initiate legal action. He asked the petitioner not to come on duty. Thereafter, S.H.O., Mania accordingly instructed the petitioner.

(3.) Shri Rajendra Prasad, learned counsel for the petitioner has argued that once, this Court on consideration of the fact that petitioner has discharged duties of the Cook with Police Station Mania for last 18 years, directed the respondents to consider representation of the petitioner, the respondents were required to objectively consider such representation as warranted in law. Instead of doing so, the respondent No.3, S.P., Dholpur took offence and by oral order terminated services of the petitioner. It is contended that petitioner had been not only regularly working for last 18 years, but was also preparing food and refreshment etc. in the morning as well as evening. He was, therefore, entitled to be paid regular pay scale and made permanent. The action of the respondents in terminating his services is bad in law. Learned counsel argued that the Cooks working in the hostels run by Social Welfare Department were also described as part time Cook and their matter traveled upto to the Supreme Court in which case, as per the direction of the Supreme Court, the State Government prepared a scheme and they were granted benefit of regularization in three phases.