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2025 DAILYLAW 20906 (HP)

NARDA DEVI v. STATE OF HP AND OTHERS

CWP/8360/2023 · 2025-08-08

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8360 of 2023 Decided on: 8th August, 2025 ------------------------------------------------------------------------------------- Narda Devi …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Vinod Chauhan and Mr. Vivek, Advocates. For the Respondents: Mr. L.N. Sharma, Additional Advocate General, for respondents No.1 to 5. Ms. Tanu Sharma, Advocate, for respondent No.7. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Heard. 2. Petitioner was serving as Mid-Day Meal Worker at GPS Haripur Khol, Education Block Majra, District Sirmour w.e.f. the year 2004. Her services were terminated on 05.09.2023. Petitioner has assailed termination of her services in this writ petition. 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 3. Both sides have advanced submissions in support of their respective stands. Learned Additional Advocate General has highlighted the reasons given by the respondents in their reply for terminating the services of the petitioner even after her rendering services for about 19 years, whereas, learned counsel for the petitioner submits that the respondents were themselves guilty of provoking the petitioner, which resulted in a situation leading to petitioner’s termination. That well established legal principles were not complied with by the respondents while terminating petitioner’s services. 4. At this stage, learned Additional Advocate General submits that he is under instructions to state that in case the petitioner makes a representation for her fresh engagement as Mid-Day Meal Worker to respondent No.3- the Deputy Director Elementary Education, Sirmour at Nahan, the same shall be considered with a positive attitude keeping in view petitioner’s past 19 years of service w.e.f. 2004 to 2023. Learned counsel appearing for respondent No.7- Pradhan of School Management Committee, GPS Haripur Khol, Education Block Majra, District Sirmour is also agreeable to the aforesaid proposal. 3 5. In view of above submissions, without entering into the merits of the rival contentions of the parties, this writ petition is disposed of by permitting the petitioner to make a representation to respondent No.3 in relation to her fresh engagement as Mid-Day Meal Worker within two weeks from today, whereafter, the same shall be considered and decided by respondent No.3 in accordance with law, but with a positive attitude, within a period of two weeks thereafter. The decision so arrived at shall also be communicated to the petitioner. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua August 08, 2025 Judge Mukesh