Soni Chauhan and others vs State of U.P. and others

Arun Tandon, J.—Petitioners before this Court claim that they were appointed as Cook for preparation of Mid-Day-Meal with reference to the Government Orders dated 25th June, 2004, dated 23rd July, 2004 and dated 30th July, 2004. It is stated that they had been continuously working as such since their initial appointment. The State Government come up with a new scheme dated 24th April, 2010 wherein it has been provided that Cooks for preparation of Mid-Day-Meal shall be selected by the Gram Panchayat Samiti/Ward Samiti and reservation in terms of the roster would be applicable as provided under the Government Order dated 25th June, 2002. The Government Order further provides that such appointed Cooks would be entitled to Honorarium of Rs. 1000/- (one thousand) per month. The posts of Cook have been created institution-wise, having regard to the strength to the students. The Government Order provides that an advertisement shall be published for selection/appointment on the post of Cook and due information shall be given to the public at large for participation in the process of selection, preference shall be granted to lady cooks. Procedure for preparation of select list and wait list has been provided in detail under the Government Order. The Government Order dated 24.4.2010 and advertisement published in pursuance thereof dated 16.5.2010 are under challenge in the present writ petition.

Counsel for the petitioner contends that since the petitioners were earlier appointed as Cook for preparation of Mid-Day-Meal, they are not to be replaced by new incumbents to be appointed under the Government Order dated 24th April, 2010 as temporary appointee cannot be replaced by another temporary employee. Hence this writ petition.

Having heard Counsel for the parties and having gone through the records, I am of the considered opinion that under the scheme published in the year 2004 qua appointment of Cooks there was no concept of any selection being held for the post in question. Even otherwise the payment was made on the basis of per child for whom the food was to be cooked. Neither any reservation was provided for nor any procedure for such selection was laid down. The Cooks were appointed on the sweet will of the authorities responsible for management the Mid-Day-Meal. petitioners have been beneficiary of such arrangement, which has been prevailing in the State for more than six years. The State Government has decided to streamline the procedure for appointment of Cooks under the Government Order dated 24th April, 2010. For the first time the concept to selection from open market with due applicability of reservation has been introduced The scheme of appointment of Cook under Government Order dated 24th April, 2010 is entirely different and more transparent viz-a-viz the scheme which was enforced in the year 2004.

Standing Counsel further points out that the appointment of petitioners was only a temporary engagement, as is apparent from the Government Order applicable.

In the opinion of the Court, the scheme now framed for appointment on the post in question is transparent fair and equitable.

In view of the aforesaid, this Court finds no good ground to interfere with such a scheme and the advertisement, published for the appointment on the post of Cook dated 16.5.2010, under Article 226 of the Constitution of India. However the issue as to whether the persons who have gained experience while working as Cook under the scheme applicable then or weightage be provided in fresh selection, having regard to the experience they have so gained can be appropriately considered by the State Government and no direction need be issued by this Court for the purpose.

In view of the aforesaid, writ petition is disposed of with liberty to the petitioners to make a representation seeking preference/weightage in fresh selection before Respondent No. 1 within three weeks from today along with certified copy of this order. On such representation being made, Respondent No. 1 shall consider and decide, the same by means of a reasoned speaking order, preferably within four weeks from the date the representation is so filed.