Anu Devi vs State of Himachal Pradesh and Others

Surinder Singh, J.—The petitioner by means of present petition hassought the following relief: (a) That the impugned acts of the respondents above stated in not paying honorarium and then orally terminating the services of the petitioner about ten days back may very kindly be quashed and set aside with directions to the respondents to pay the honorarium to the petitioner from the date the same has not been paid till date and with further directions to the respondents to allow the petitioner to continue serving as mid-day meal helper in Govt. Primary School, Changar, District Hamirpur, HP, in the interest of law and justice.

Heard and gone through the record.

The State Government decided to start hot cooked meal programme in all the Government/Government-Aided Primary Schools of tribal area of the State in the first phase w.e.f. May, 2003 and vide Government letter No.EDN-C.B.(2)2001-5 (loose) dated 2.8.2004 extended it to the non-tribal area in the second phase on and with effect from 1.9.2004.

To start the aforesaid programme, respondent No.1 to comply with the aforesaid directions issued further directions to all the Deputy Directors of Elementary Education to ensure the implementation of the Scheme in the Primary Schools in their respective jurisdiction. The Scheme provided for the constitution of the Committee, which was responsible to make arrangement for hiring the services of the Helper/Cook on the honorarium given in the guidelines of the project.

The Government also issued instructions vide letter No.EDN-C-F(4)-4/2007-11 dated 11.2.2010 making a provision for the appointment of one cook/helper against the strength of 25 students. If the strength of the students increases, one another cook/helper can be appointed by the Committee itself. It also empowered the School Management Committee (SMC) for engaging/ rationalizing mid-day meal workers.

In the instant case, one Smt. Rita was already appointed as a Cook in the year 2004 and Shri Bidhi Chand as Helper in Government Primary School, Changar. Shri Bidhi Chand was already a water-carrier and he was also working in the dual capacity as a helper. On the representation of the petitioner to the Deputy Commissioner concerned, his services as helper were dispensed with and vide letter dated 6.10.2008 the petitioner was appointed as Helper by the Deputy Director without any resolution of the Village Education Committee (VEC). Pursuant to that she joined as a helper on 30.10.2006 as is evident from the official record maintained by the respondents.

As already stated above, letter dated 11.2.2010 issued by respondent No.1 provided that number of cook-cum-helper on the enrolment of 25 students shall be one and if it increases from 26 to 100 it shall be two. Another letter dated 29.4.2010 provides that where the cook-cum-helper becomes surplus due to the new norms, then the person appointed on a later date may be terminated on the principle of "last come first go". These directions/guidelines were issued to the field offices where the School Development Management Committee (SDMC) was constituted.

It is the responsibility, for implementation of the Scheme, of the Mid-Day School Committee at school level where the above mentioned number would fall for appointment of cook-cum-helper. Since the number of students fell short of the requisite number 25 itself which is not in dispute, the services of the petitioners on the basis of "last come first go" were rightly dispensed with by the Committee. There is nothing on record to show that she had worked against the said post till June, 2010 for which she claimed the honorarium. Therefore, the relief sought cannot be granted. As such, the petition is dismissed, so also the pending application, if any. Record of the respondents be returned forthwith.