Shyamlal and Others vs The Collector and Another

Satish K. Agnihotri, J.—The petitioners were appointed as Shiksha Karmi Grade III in various schools under Janpad Panchayat Malkharoda on 17-7-1998 (Annexure P/1) and thereafter,they joined their services and started working. All of a sudden, the services of the petitioners were terminated on the ground that the selection itself has been cancelled by order dated 12-10-1998 (Annexure P/5) on account of several irregularities allegedly found in the selection process. This Court on 2-11-1998 ordered to maintain status quo, till the next date of hearing.

Learned Counsel appearing for the petitioners submits that on the strength of the order dated 2-11-1998 passed by this Court, the petitioners are still working as Shiksha Karmi Gradee-III in their respective schools.

Learned Counsel appearing for the respondents/State does not dispute the factual position that the petitioners have been working since 2-11-1998 till today. The sole contention of the learned Counsel appearing for the petitioners is that the order of cancellation was passed without affording an opportunity of hearing to the petitioners. The fact remains that the petitioners have been allowed to work for a long period almost about ten years. At this stage, quashing their appointment after examining whether show-cause notice was necessary or not, is not desirable in the facts of the case. However, as submitted by learned Counsel appearing for the respondents/authorities, if necessary, separate show cause notice may be issued to the petitioner concerned before taking any action, keeping in mind that the petitioners have worked as Shiksha Karmi Grade III almost for about ten years on the strength of the interim order passed by this Court. Thus, it is not necessary to examine the case on merit. The order of cancellation stands quashed. However, the respondents/authorities are at liberty to take appropriate steps, if necessary, against individual petitioners after affording proper opportunity of hearing to the petitioners. The petition stands disposed of accordingly.