Anjana Kapoor vs State of Himachal Pradesh and Union of India

Justice Sanjay Karol, Judge

Petitioner is now restricting her relief. She is pressing prayer No.1 only and that too with regard to her continuation in service, on contract basis, in terms of letter dated 23rd April, 2011 (Annexure P-3). It is the grievance of the petitioner that after 30th June, 2011, no work has been allotted to her. She was appointed as a Coordinator (Gender) in the State Support Centre, under the Panchayat Mahila Evam Yuva Shakti Abhiyan, a Project sponsored by the Ministry of Panchayati Raj, Government of India. Selection and appointment of the petitioner is in accordance with the rules, is not in dispute. The fact that the petitioner has successfully discharged her duties also cannot be disputed.

State has field reply, opposing the petition, solely on the ground that the amount disbursed by Union of India (respondent No.4) stands fully utilized and since there are no funds available in the salary component under the Scheme, period of engagement cannot be extended.

My attention is invited to letter dated 29th June, 2011 (Annexure R-3), which reads as under:

To,

The Additional Secretary, Panchayati Raj Department, Government of Himachal Pradesh, Shimla-171009.

Subject: Submission of Project Proposal under the Panchayat Mahila Evam Yuva Shakti Abhiyan (PMEYSA) for Financial Year 2011-12 continuation of State Support Centre thereof- regarding.

Sir,

I am directed to refer to your letter no.PCH-HC(10)1/2006-III-6791 dated 25.06.2011 on the above mentioned subject and to say that as per Para-6 of the guidelines of scheme of PMEYSA (copy enclosed), State Support Centre (SSC) would keep updated information related to the participation of EWRs and EYRs in Panchayati Raj Institutions for the entire State and serve as Knowledge Support Institution. This Centre will hire resource persons and experts in the fields of Community Development, Gender Development and Youth Development. These Resource persons would be utilized for other schemes of MoPR also under implementation in the State. The expenditure on the staff on contractual basis for the SSCs would be paid for by the Ministry through reimbursement after making payment by the State Government/SSC and submission of Utilization Certificate thereof. In view of above position, it may be certified that during the period of claim of above mentioned reimbursement, the staff(s) were actually working for the SSC. The continuity of services of these staff may be decided on the basis of their performance and satisfaction by the SSCs/State Government (Nodal Agency). However, the request for release for current year can not be considered in the absence of Utilization Certificate for the unutilized amount released earlier.

In view of the above, you are requested to send the above mentioned information and also the Utilization Certificates of the entire amount (item-wise).

Yours faithfully,

Sd/- (Maha Bir Prashad) Deputy Secretary to the Govt. of India.

(Emphasis supplied)

Quite apparently, Union of India is ready to reimburse the amounts towards the expenditure incurred by the State Government for deployment of staff on contractual basis at the State Support Centre.

It is agreed by the petitioner that she would not claim salary till such time the amount is actually received by the State from the Central Government under the Scheme. Consequently, present petition is disposed of with a direction to the respondents to allow the petitioner to discharge her duties as a Coordinator (Gender) in the State Support Centre, under Panchayat Mahila Evam Yuva Shakti Abhiyan. It is clarified that remuneration, in terms of contractual agreement, shall be disbursed to the petitioner only upon receipt of the amount from the Central Government.

Pending application(s), if any, also stand disposed of.