Piyara Devi vs State of U.P.& Ors.

Heard Sri Riyaz Ahmad learned counsel for the petitioner and Sri Aushutosh Shukla holding brief of Jogendra Nath Verma for opposite party Nos. 2 and 3 learned Standing Counsel for opposite party No. 1 and Sri M. S. Rathore for opposite party No. 4.

The petitioner has filed this writ petition against her disengagement from the post of Shiksha Mitra vide order passed on 20122007 by the Basic Shiksha Adhikari, Sultanpur. The impugned order has been annexed as Annexure No. 1 to the writ petition. Learned counsel for the petitioner states that the reason for disengagement of the petitioner is the Government Order dated 1562007. Wherein it has been provided that if an unmarried lady gets married to a man living in another village panchayat then her appointment can not be continued in her native place. Since the petitioner who was duly selected for Primary School, Shivpur, Village Panchayat Ghatampur got married, hence, she was disengaged according to provisions of the said Government Order. It is strange that the letter does not speak about the place where the petitioner has got married and simply on the basis of some complaint the services of the petitioner have been terminated. The case of the learned counsel for the petitioner is that she got married in the same village panchayat and not outside.

Be that as it may. The learned counsel for the petitioner has placed before us another Government Order dated 2112008 which has been admitted by the learned counsel for the opposite party No. 3 as well as the learned Standing Counsel for the State. This Government Order is taken on record. A perusal of this Government Order says that the stipulated condition under Government Order dated 1562007 has been modified/amended to the extent that if an unmarried lady who is appointed as Shiksha Mitra gets married to a person outside the village panchayat then her services will not automatically come to an end nor can be terminated on this ground unless she herself submits her resignation.

In the present case the petitioner has not submitted any resignation of her own, hence, the case of the petitioner is covered by the Government Order dated 2112008. The learned counsel for the petitioner further submits that even in the counter affidavit it has not been stated as to where and in which village panchayat the petitioner has been married. The impugned order dated 20122007 was passed only on the basis of a vague complaint of village Pradhan without making any enquiry, without calling an explanation, without issuing any notice and without giving any opportunity to the petitioner to defend the impugned order.

In any view of the matter the situation can not be assessed to the disadvantage of the petitioner. The vested right of a person cannot be taken away merely on the basis of complaint. More so in the case where the complaint is vague and does not specify the legal grounds on which a vested right can be taken away. Even if, the complaint is right in substance a vested right of a person can only be taken away after giving him or her an opportunity to explain and meet out the charges. This is the basic principle of natural justice and nobody can be condemned or put to disadvantage without giving him or her opportunity of hearing. If a person who is legally appointed and working is disengaged merely on the basis of complaints without verification and without adhering to the principles of natural justice, no employee will ever feel safe in his working. The principle of natural justice have to be adhered to otherwise the action of the government will never be able to pass the test of rule of law.

On 1112008 this court has already passed an order that no fresh appointment shall be made on the post in question. It is admitted that the petitioner was already selected and due to interim order the post is still vacant and the petitioner is entitled according to the government order. It is, therefore, directed that the opposite parties shall allow the petitioner to join as Shiksha Mitra in the Primary School, Shivpur, Village Panchayat Ghatampur, District Sultanpur forthwith.

With these observations the writ petition is disposed of finally.