- (1.) Heard learned Standing Counsel for the appellants and Sri Sunil holding brief of Sri K.C. Sinha, for the respondent. The respondent/petitioner was extended the benefit of compassionate appointment upon the death of Krishna Chandra Sharma, who is stated to have adopted the respondent/petitioner. The death of the employee took place on 2nd August, 2001 whereafter the respondent/petitioner adduced evidence in his favour that he was the adopted son and also filed succession certificates in support of his case that was forwarded. Upon a consideration thereof the respondent/petitioner was granted appointment on 12th September, 2003.
(2.) After having worked for a substantial period, his services were terminated on 10th March, 2005 treating him to be in temporary service and applying the Temporary Government Servant Rules 1975. The respondent/petitioner filed the writ petition giving rise to this appeal challenging the said termination order on several grounds where a counter affidavit was filed on behalf of the State contending that the respondent/petitioner had been unable to prove his adoption, his date of birth was dubious and the documents indicated two sets of succession certificates having been filed, as such, his entire claim of compassionate appointment deserves to be annulled.
(3.) The learned Single Judge after having taken into consideration the entire facts came to the conclusion that the respondent/petitioner could not be treated as a temporary employee having been appointed on compassionate grounds, which is on substantive basis, and secondly it was not a case of any fraud or misrepresentation on behalf of the respondent/petitioner as he had disclosed entire facts with regard to his status of being the heir of late Sri Krishna Chandra Sharma. The petition was allowed and the order of termination dated 10th March, 2005 was quashed.;