IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No.3496 of 2010 Date of Decision: 22.2.2011. Pawna Devi …Petitioner Versus State of Himachal Pradesh and others …Respondents. Coram: The Hon’ble Mr.Justice Deepak Gupta, Judge. Whether approved for Reporting? No For the Petitioner(s): Sh.Ramakant Sharma, Advocate. For the Respondent(s): Sh.Vivek Thakur, Addl.A.G. for respondents- State. Ms.Vidushi Sharma, counsel for R-6. Deepak Gupta, J. By means of this petition, the petitioner who was employed as a cook in Government Primary School, Batlumber, Tehsil Sujanpur Tihra, District Hamirpur has challenged the order dated 29.4.2010 whereby the services of the petitioner have been terminated and the respondent No.6 has been ordered to be retained as cook. The undisputed facts of the case are that the petitioner was employed as a helper for preparation of mid day meal in the school in question. Respondent No.6 was initially appointed as helper in the same school in the year 2007. However, at that time, the designation of the petitioner was changed from helper 2 to cook whereas Rita Devi, respondent No.6, was engaged as helper. On 12.5.2010 the Deputy Director, Primary Education issued a letter stating that there shall be no difference between cooks and helpers and they should all be treated equally. On 29.4.2010 the Deputy Director, Primary Education issued a letter stating that if the number of students in a school falls below 25 then only one cook will be kept in the school and the services of the senior most cook shall be retained and the services of the junior most cook would be dispensed with. Basically the Department introduced the principle of ‘last come first go’ for terminating the services of the cooks. On 29.4.2010, the impugned order was passed. Vide this order, the School Management Committee came to the conclusion that the respondent No.6 Rita Devi is much more efficient and on the basis of her discipline, dedication to work and her ability, the Committee decided that Rita Devi, respondent No.6 be retained in service and the services of the petitioner be terminated. Sh.Ramakant Sharma, learned counsel for the petitioner urges that in view of the letter dated 29.4.2010, the School Management Committee could not go into the merits of the candidates and had to act strictly in accordance with the 3 principle of ‘last come first go’ and the person who had last joined the school must be asked to go first. Ms.Vidushi Sharma, learned counsel for the respondent No.6 contends that it is the school management which is running the school and which is best suited to judge as to which cook should be kept to cook the mid day meal. She urges that the principles of ‘last come first go’ cannot be stretched to such an extent that an inefficient person is retained and an efficient person asked to go. I am unable to accept the contention of Ms.Vidushi Sharma. The principle of ‘last come first go’ is a well established principle of service jurisprudence which has found statutory recognition in certain acts like the Industrial Disputes Act. In case this principle is not applied then there is danger of arbitrariness. One cannot loose sight of the fact that the petitioner has also been working in the school initially as a helper-cum-cook and later as Cook. The Government in its wisdom has taken a decision that principle of ‘last come first go’ has to be followed. It cannot be said that this principle is arbitrary. It applies across the board in all schools where there is reduction in the number of Cooks. Therefore, I see no reason why the petitioner who had put in longer service should be asked to go first. 4 In view of the above discussion, the petition is allowed and the order of the School Management Committee, annexure P/1 is set aside. It is, therefore, directed that the petitioner be retained in service and the services of the respondent no.6 be dispensed with by applying the principle of ‘last come first go’. The respondent-State is directed to take necessary action latest by 30.4.2011. No costs. February 22, 2011 ( Deepak Gupta ) PV Judge.