Hemant Gupta, J. - (1.) THE petitioner has sought a writ of certiorari for quashing the order dated 22.8.2005, Annexure P -5 whereby the offer of appointment given to the petitioner on compassionate ground was withdrawn.
(2.) THE father of the petitioner namely Sh.Babu Ram was working in the Haryana Agro Industries Corporation Limited (hereinafter referred to as the Corporation), as Boiler Attendant. As per the petitioner himself, during the fag end of his service with the Corporation, the father of the petitioner suffered with Cancer disease. He was discharged from service by the Corporation on 28.7.2003 after he was declared medically unfit by the Medical Board. He has been paid his retiral benefits. The petitioner applied for appointment of compassionate ground and vide letter dated 31.5.2005, the petitioner was offered appointment to the post of Peon. The petitioner joined the services on 1.8.2005, but on 22.8.2005, the offer was withdrawn since it was found by the respondents that the appointment of the petitioner has been made in contravention of the Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2003 (hereinafter referred to as 2003 Rules) which came into force w.e.f. 28.2.2003. As per the respondents, under the said Rules, there is no provision of appointment on compassionate ground to the dependents of the employees who have been declared medically unfit. Learned Counsel for the petitioner has vehemently argued that the order Annexure P -5 has been passed by the respondents without giving an opportunity of hearing and without issuing any show cause notice to the petitioner and, therefore, the said order is illegal.
(3.) IT is true that before passing the order, Annexure P -5, the petitioner was not given an opportunity of hearing nor any show cause notice was issued to the petitioner, but the said order was passed within 3 weeks of joining of the petitioner. The offer of appointment has been withdrawn because the petitioner could not be appointed on compassionate ground in terms of the Government Instructions dated 31.3.2003, issued consequent to framing of the 2003 Rules. Under 2003 Rules, there is no provision for giving appointment to the dependents of the Government employees who have been declared medically unfit. Still further, it is the case of the petitioner that his father was at the fag end of his career as he was due to retire on 31.8.2006.;