Abhilasha Kumari, J. - (1.) RULE . Mr. D.M. Devnani, learned Assistant Government Pleader, waives service of notice of Rule for the respondents. On the facts and in the circumstances of the case and with the consent of learned counsel for the respective parties, the petition is being heard and decided finally.
(2.) BY filing this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 30.07.2011, whereby his services as Junior Clerk -cum -Typist, on ad hoc basis, have been terminated on the ground that he failed to clear the Pre -Service Training Examination in three attempts. It is the case of the petitioner that his father was serving with respondent No. 4 and died while in harness. The petitioner applied for grant of appointment on compassionate grounds. The request of the petitioner was accepted and he was given appointment as Junior Clerk -cum -Typist on ad hoc basis, on a fixed salary of Rs. 2,500/ - per month. The petitioner joined service with effect from 02.02.2007. As a condition of his service, the petitioner had to pass the Pre -Service Training Examination within three prescribed chances. He could not do so, hence, his services were terminated by the impugned order dated 30.07.2011.
(3.) MS . Rina Kamani, learned advocate for Mr. P.H. Pathak, learned advocate for the petitioner, has submitted that the petitioner was granted appointment on compassionate grounds as the family was in dire straits and in great need of employment. Unfortunately, the petitioner could not pass the examination within the three chances that were given to him. He had applied to the concerned respondents for additional chances twice, which were given to him but he failed to clear the examination in those additional chances, as well. That, the petitioner was discharging his duties satisfactorily. The mother of the petitioner is aged and is not keeping good health. The burden of looking after the entire family rests upon the petitioner. Therefore, looking to the overall circumstances of the petitioner, and the fact that he was initially appointed on compassionate grounds, the action of termination of his services is extremely harsh and therefore, the petitioner may be reinstated in service on a lower post, where there is no necessity of passing the Pre -Service Training Examination.;