Hardesh Singh vs State Of U.P. and Others

Hon''ble V.K. Shukla, J.—Heard learned counsel for the petitioner, learned Standing counsel as well as Sri D.D. Chauhan, Advocate for respondents. In the present case record in question so reflects that petitioner has been engaged as Gram Rojgar Sewak on 23.08.2008.

Under the existing policy which holds the field of selection/ appointment/ continuance of Gram Rojgar Sewak/re-engagement there is clear cut prohibition that initial appointment is to be made for a period of one year and said tenure can be extended for further period of two years provide work and conduct of incumbent is found to be satisfactory.

In the present case aforesaid statutory period has already come to an end on 22.08.2011 in view of this as far as further continuance of petitioner as Gram Rojgar Swek is concerned same cannot be subscribed by any means for the simple reason that same is against the policy itself.

However in the present case it is reflected that a meeting had been convened and therein resolution has been passed to disengage the service of the petitioner. Petitioner submits that said resolution which has been passed is illegal for the simple reason that before proceeding to pass such resolution at no point of time any show cause notice or opportunity has been given to him and said resolution is not at all backed by 2/3 majority of the members of Gram Sabha.

This aspect of the matter requires consideration by the District Magistrate.

As petitioner has already represented the matter before the District Magistrate, Mainpuri, as such District Magistrate is directed to consider the request of the petitioner from this perspective in accordance with law preferably within six weeks from the date of presentation of certified copy of the order passed by this Court. Needless to say that before proceeding to take decision view point of Pradhan of the Gram Sabha to also taken in consideration based on record be produced by him and reasoned decision shall be taken in the matter. It is made clear that order impugned in the present writ petition shall abide by outcome of the aforesaid inquiry for the reason that in subsequent selection erstwhile Gram Rojgar Sevak are free to apply, provided their services have not been disengaged on charges. With the above direction present writ petition is disposed of.