HC stays termination of Jal Jeevan Mission consultants

The Punjab and Haryana High Court has stayed Haryana’s decision to dispense with the services of Information, Education and Communication Equity Consultants (IEC & EC) now working under the Jal Jeevan Mission. Their disengagement was ordered on the ground that the scheme had not been extended beyond March 31, contrary to a June 16 communication from the Centre announcing its continuation till December 2028.

Justice Sandeep Moudgil passed the order while hearing a bunch of petitions filed by Deepak Kumar and other consultants selected through a proper process in pursuance of an advertisement dated March 14, 2012, and continuously working for over 13 years. They contended that they were deemed to be regular employees after more than a decade of uninterrupted engagement. Their counsel contended that the impugned order dated August 6 was “factually incorrect, biased and punitive, passed without any prior notice”

The petitioners placed reliance on a June 16 communication from the Ministry of Jal Shakti, Department of Drinking Water and Sanitation, which clarified that the Finance Minister had announced extension of the Jal Jeevan Mission till December 2028 with enhanced outlay. The letter further stated that formal approval of the extension was underway and “water” was a State subject. As such, ongoing works might be continued using State resources and that Central grants would be released only after issuance of guidelines following the competent authority’s approval.

They argued that their continuous requirement for more than 10 years under the scheme established the ongoing necessity of their services. Yet, the authorities, citing non-extension of the Mission beyond March passed the impugned order, contrary to the Centre’s communication. They also alleged that the decision was motivated by their earlier demand for “equal pay for equal work” and intended to replace them with fresh contractual recruits through the same mode of appointment.

During the hearing, Haryana Advocate-General PS Chauhan assured the court that a decision would be taken within 10 days on whether the Jal Jeevan Mission in the State had been fully executed and was to be closed, or whether its continuance was merely pending release of Central funds, as indicated in the June 16 communication. He further submitted that in the meantime, the petitioners’ services would not be terminated.

“Taking note of the stand of the State of Haryana though it appears positive and is given by none other than the Advocate-General, the Court is mindful of the reasons to grant interim relief today, especially since the State has not yet filed a formal reply despite notice regarding the stay having been issued by the co-ordinate Bench on August 20,” Justice Moudgil asserted, while he stayed the operation of the August 6 order.