STATE OF M P Vs. MAHENDRA SOLANKI

JUDGEMENT

(1.) THE Order of the court was delivered by : This appeal has been preferred by the State challenging the order of the learned Single Juage dated 30.3.2010 passed in Writ Petition No.4162/2009(S) whereby the petition filed by the petitioner challenging cancellation of his compassionate appointment was allowed. This appeal is also barred by limitation of 350 days, so an application (I.A.No.6103/2011) has been filed for condonation of delay.

(2.) THE brief facts of the case are that father of the petitioner late Gokal Singh Solanki was an Assistant Teacher in Govt. Higher Secondary School, Bareli, Development Block Badi, District Raisen and died on 21.6.2005. The petitioner had submitted an application for compassionate appointment alongwith affidavit, Annexure P/2, stating that no other member of his family was in government service. His elder brother had also submitted affidavit, Annexure P/4 stating that he was engaged as a contract Teacher and he had no objection on appointment of his brother on compassionate grounds. Thereafter, the respondent was appointed on compassionate ground. On the basis of complaint, a notice dated 30.4.2008, Annexure P/6, was issued to the petitioner to show cause as to why his services be not terminated on the ground of submitting false information regarding employment in Government service of his elder brother. Thereafter, without considering his reply, his services were terminated. Being aggrieved with the order of termination, the petitioner has filed the writ petition.

(3.) THIS order is under challenge in this appeal.