Anita Devi vs State of Himachal Pradesh and Others

Justice Dharam Chand Chaudhary, Judge

By means of the present writ petition, following relief has been claimed:-

(i) That writ in the nature of certiorari may kindly be issued and the impugned order dated 17.5.2012 Annexure P-8, May kindly be quashed and set aside.

(ii) That writ in the nature of mandamus may kindly be issued, directing the respondents to allow the petitioner to continue to work as Mid Day Meal Worker/Cook-cum-Helper in Govt. Primary School Fafna, Sundernagar, District Mandi, H.P. with all consequential benefits.

The case of the petitioner as set out in the writ petition in nutshell is that the 6th respondent, on attaining the age of 58 years, was rightly disengaged from the service pursuant to the order, Annexure P-3 since April 2010 and the petitioner was allowed to continue as Cook-cum-Helper in the said school keeping in view there being requirement of only one Cook-cum-Helper. The re-engagement of the 6th respondent and removal of the petitioner from job vide order dated 17.5.2012, Annexure P-8 has been assailed in the present writ petition. The order passed by this Court in this writ petition on the previous date reads as under:

No notice need be issued to the 5th and 6th respondents at this stage. There will be a direction to the 3rd respondent to be present before this Court with records pertaining to the case, on 16th June, 2012. Status quo as on today with regard to the working arrangement of mid day meal worker at Government Centre Primary School, Bandli, Sundernager will continue for the time being.

Consequently, the 3rd respondent is present in person and has produced the record.

Perusal of the record reveals that there is no need for us to enter into the controversy on merits and this writ petition can be disposed of even without taking on record the version of the opposite party.

Our attention has been drawn to the guidelines framed by the government for hiring the services of a Cook-cum-Helper under Mid Day Meal Scheme, which has been circulated amongst all the Deputy Directors, Elementary Education, and all the Block Primary Education Officers in the State of Himachal Pradesh vide letter No. EDN-H(EE)(4)4-14/2011-80 CPC/COURT CASES, dated 8.12.2011. The criteria qua age as per Clause 17 of the guidelines reads as under:

AGE

The age should not be less than 18 years and not more than 60 years. The services of cook cum helper will be terminated on attaining the age of 60 years. The age limits is to be reckoned on the first day of the year in which posts are advertised by the SMC.

The 3rd respondent has placed on record a copy of the date of birth certificate of the 6th respondent issued by the Secretary, Gram Panchayat, Bandli, Tehsil Sundernagar, Distt. Mandi, and as per the same her date of birth is 31.12.1952. Thus she is yet to complete the age of 60 years i.e. on 31.12.2012. Nothing has been brought to our notice suggesting that 58 year is the prescribed age for termination of the services of a Cook-cum-Helper engaged under the Mid Day Meal Scheme. As regards the rules, Annexure P-5 is concerned, we are afraid the same being a copy of the amendment in FR 56 is not attracted in a case of Cook-cum-Helper, who cannot be termed to be a workman or a regular employee being engaged under a specific scheme, namely, "Mid Day Meal" on payment of fixed remuneration i.e. Rs. 1000/- per month as per the guidelines. Thus as per the existing guidelines the 6th respondent can continue as a Cook-cum-Helper in Govt. Primary School, Fafna, till she attains the age of 60 years i.e. on 31.12.2012.

Learned Addl. Advocate General, on instruction, has fairly submitted that the petitioner can be engaged as Cook-cum-Helper under the scheme w.e.f. 1.1.2013 i.e. on termination of the services of 6th respondent after attaining the age of 60 years. Learned counsel representing the petitioner is also in agreement with the submission so made and has not pressed the writ petition at this stage.

In view of the above, the writ petition is dismissed as not pressed, however, there will be a direction to the respondents to engage the petitioner as Cook-cum-Helper under the Mid Day Meal Scheme in Govt. Primary School, Fafna, Tehsil Sundernagar, Distt. Mandi, w.e.f. 1.1.2013. In view of the dismissal of the writ petition, pending application(s), if any, also stands disposed of.