Himachal Pradesh High Court
Shanta Devi vs State Of Himachal Pradesh on 24 November, 2021
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 24th DAY OF NOVEMBER, 2021
BEFORE
.
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
CIVIL WRIT PETITION No.1972 of 2019
Between:-
SHANTA DEVI,
W/O SHRI NARESH CHAND,
RESIDENT OF VILLAGE KOTI,
P.O. BALI KOTI, TEHSIL SHILLAI,
DISTRICT SIRMOUR, H.P..
.....PETITIONER
(BY MR. SURINDER SAKLANI, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY
(EDUCATION) TO THE GOVERNMENT
OF HIMACHAL PRADESH,
SHIMLA-171002.
2. THE PROJECT DIRECTOR,
RMSA, HIMACHAL PRADESH,
SHIMLA-171001
3. THE PRINCIPAL,
GOVT. SR. SEC.
SCHOOL-CUM-CHAIRMAN,
RMSA, GIRLS HOSTEL,
SHILLAI, DISTRICT SIRMOUR, H.P.
.....RESPONDENTS
(BY SH. ASHWANI SHARMA, ADDITIONAL ADVOCATE
GENERAL WITH SH. VIKRANT CHANDEL AND
SH. KUNAL THAKUR, DEPUTY ADVOCATES
GENERAL)
_________________________________________________________________
This petition coming on for hearing this day, the Court
passed the following:
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2
ORDER
The petitioner's case is that she was appointed as Assistant Cook in 'Rashtriya Varishath Madhymik Shiksha Abhiyan' .
(RMSA in short) girls hostel, Government Senior Secondary School, Shillai, District Sirmour, H.P. on 19.02.2016. She continued to discharge her duties till 29.04.2019. However, thereafter, she has not been allowed to work. The petitioner in the instant petition seeks direction to the respondents to allow her to discharge her duties as Assistant Cook in RMSA girls hostel, GSSS Shillai, District Sirmour.
2. The case set-up by the petitioner is that respondent No.3 invited applications for the posts of Assistant Cook in girls hostel, GSSS Shillai. The petitioner alongwith several others participated in the selection process. Vide office order dated 19.02.2016, the respondents appointed two persons namely, Smt. Murto Devi and the petitioner-Shanta Devi, as Assistant Cooks in the girls hostel. Petitioner joined as Assistant Cook on 29.02.2016. She continued to work as such till April, 2019.
However, w.e.f. 30.04.2019, respondents did not allow her to work.
It is in this background, the petitioner instituted the instant petition, praying following substantive reliefs:-
"(i) That a writ in the nature of mandamus may kindly be issued thereby directing the respondents to allow the petitioner to discharge her duties as Assistant Cook in respondent No.3 school with all consequential benefits of pay, arrears, seniority etc. ::: Downloaded on - 31/01/2022 23:19:16 :::CIS 3
(ii) That a wring in the nature of mandamus may further very kindly be issued directing the respondents to a renew the contract of the petitioner for the post of Assistant Cook forthwith."
.
3. I have heard learned counsel for the petitioner and learned Deputy Advocate General for the respondents-State.
4. From the stand taken by the parties and the documents appended in support of their respective pleadings, it comes out that:-
4(i) The petitioner was appointed as Assistant Cook under RMSA in girls hostel, GSSS Shillai on 19.02.2016. The office order appointing the petitioner stipulated that the post in question under RMSA was purely temporary and on contract basis. The office order provided that candidates should join the post only if the terms and conditions mentioned in the order were acceptable to them and that they will be required to execute a contract agreement in that regard. The terms and conditions of the office order provided that the consolidated remuneration of Rs.2500/-
per month was payable to the petitioner as Assistant Cook for a period of one year. The appointment was purely contractual and was not to confer right for further continuance. The services of the petitioner could be dispensed with at any time without assigning any reason and without any notice. Further condition was that the contract executed between the parties was to automatically come to an end on completion of the contractual period and for continuation in service beyond agreed contractual period, a fresh ::: Downloaded on - 31/01/2022 23:19:16 :::CIS 4 agreement was required to be executed. The relevant terms and conditions as contained in the office order dated 19.06.2016 are extracted hereinafter:-
.
"1. A Consolidated remuneration of Rs.3000/- (Three Thousand only) per month shall be paid for a year. (Rs.2500/-
for the petitioner)
2. The Contractual appointment is purely on contract basis and shall not confer any right for further continuance.
3. The service can be dispensed with by the chairman SMC at any time without assigning any reason and without any notice.
4. If the contractual worker remains absent, the remuneration for the said period shall be deducted.
5. The contract shall stand terminated automatically on the completion of the contractual period and fresh agreement will be required for renewal."
4(ii) The petitioner accepted the terms and conditions of the office order and accordingly submitted her joining report in the girls hostel on 29.02.2016. As per the stand taken by the respondents, contract of the petitioner was not renewed. The reason given in the reply is that considering the sanctioned strength of the 100 bedded girls hostel, the respondent had initially appointed two Assistant Cooks there including the petitioner.
However, in view of the less enrolment of the girls in this hostel, the State of Himachal Pradesh sanctioned the remuneration only for one post of Assistant Cook. Smt. Murto Devi, who was also engaged as Assistant Cook alongwith the petitioner vide order dated 19.02.2016, was older in age, therefore, she was retained as ::: Downloaded on - 31/01/2022 23:19:16 :::CIS 5 Assistant Cook. It was for this reason, the petitioner was disengaged.
4(iii) The appointment of the petitioner as Assistant Cook .
in the girls hostel GSSS Shillai was governed by the terms and conditions stipulated in the office order dated 19.02.2016. Her appointment was on contractual basis, temporary and was not to confer any right on her for continuance. It is not even the case of the petitioner that she was disengaged during the currency of r to contract period. On the completion of contractual period, petitioner has no legal right to continue in service. The reason given by the respondents in their reply for not extending the contract of the petitioner is also justified. The appointment of the petitioner was under a specific project i.e. Rashtriya Varishath Madhymik Shiksha Abhiyan. The State Government sanctioned only one post of Assistant Cook for the hostel in question. The respondent No.3, therefore, had no other option but to disengage the service of the petitioner, who was younger in age to Smt. Murto Devi, who was also appointed as an Assistant Cook alongwith the petitioner on 19.02.2016.
Consequently, there is no merit in the instant petition and the same is dismissed accordingly. The petitioner shall be at liberty to apply for the post of Assistant Cook in RMSA girls hostel GSSS Shillai, District Sirmour as and when the fresh process in that regard is initiated by the respondents. Her case shall be considered by the respondents in accordance with law. Due credit ::: Downloaded on - 31/01/2022 23:19:16 :::CIS 6 of having already served with the respondents, shall be accorded to the petitioner.
Pending miscellaneous application(s), also stand .
disposed of.
Jyotsna Rewal Dua
Judge
November 24, 2021
R.Atal
r to
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