CWP No.8490 of 1993 1 IN THE HIGH COURT OF PUNJABAND HARYANA AT CHANDIGARH CWP No.8490 of 1993 Date of Decision 7.12.2009 Chameli Devi ...Petitioner Vs. State of Haryana & Ors. ...Respondents CORAM: HON'BLE MR. JUSTICE VINOD K.SHARMA Present: Mr.A.K.Bura, Advocate, for the petitioner. Mr.D.R.Mahajan, Advocate, for the respondent Mr.Viney Mahajan, Advocate, Mr.Ashwani Markanday, Sr.DAG, Haryana, Vinod K.Sharma, J. (Oral) This order shall dispose of CWP No.8490 of 1993 titled Chameli Devi Vs. State of Haryana & Ors., and CWP No.10438 of 1993 Smt.Sarla Devi & Ors Vs. State of Haryana & Ors., as common question of law and facts are involved in both these writ petitions. The petitioners in these writ petitions seek a writ in the nature of certioarari to quash the order of termination dated 1.6.1993 passed by the CWP No.8490 of 1993 2 District Child Welfare Officer, Bal Bhawan, Sonepat. Relief is claimed on the ground that the Scheme under which the petitioners were appointed was still continuing and further that the arrears of salary which was due to them had not been paid. Plea of discrimination was also raised. Notice o the writ petition was issued. In the written statement an objection has been taken that respondent No.4 is not State within the meaning of Article 12 of the Constitution of India and therefore, no writ petition is competent against the impugned order. In support of this preliminary objection the respondents have placed reliance on the judgment of Division Bench of this court in the case of CWP No.14839 of 2001 Devinder Singh Vs. Union of India and others decided on 25.9.2001 holding therein that the State Government having Child Welfare and District Child Welfare Council are not the State within the meaning of Article 12 of the Constitution of India. Similar view was repeated by the Division Bench of this Court n the case of Ashok Kumar Pathania Vs. Indian Counil for Child Welfare, Haryana CWP No.3502 of 1987 decided on 22.3.1996. Order passed by the Division Bench of this court stands upheld by the Hon'ble Supreme Court though by way of non-speaking order. Order passed in the SLP by Hon'ble Supreme Court reads as under:- “ Upon hearing counsel the Court dismissed the special leave petition on the ground that no petition can lie against the District Council which is not a State within the meaning of Article 12 of the Constitution.” CWP No.8490 of 1993 3 In view of the settled proposition of law by this court that the Child Welfare and District Child Welfare Council are not State within the meaning of Article 12 of the Constitution of India, these writ petitions are dismissed being not maintainable. However, the petitioners shall be at liberty to take any other appropriate legal proceedings in accordance with law, if so advised. (Vinod K.Sharma) 7.12.2009 Judge rp