- (1.) HEARD learned Counsel for the parties.
(2.) THE writ Petitioner/Respondent was appointed on compassionate ground in the year 1990 on daily wage basis. He continued in such appointment up to 1991. In the year 1991, his service was discontinued. In the year 1991, when the Petitioner was discontinued in service, he was directed to appear before the Selection Committee. He appeared before the selection committee which made recommendation in his favour and pursuant to that, when the appointment was not made, Petitioner's mother approached this Court. This Court vide order dated 18.11.1999 directed the Appellant to consider his case. Pursuant to the direction of this Court dated 18.11.1999, the case of the Petitioner was considered and he was offered appointment on 09.07.2001 and he continued in service, However, subsequently, the employer, pursuant to the direction of this Court in the case of Mithilesh Kumar vide W.P.(S) No. 680 of 2008, terminated the services of the writ Petitioner. Being aggrieved by such termination, the writ Petitioner again approached this Court and the learned Single Judge of this Court, vide order dated 16.09.2009, directed the Respondents/Appellants to reinstate the Petitioner/Respondent with 50% back wages. We have heard learned Counsel for the Appellant.
(3.) THE Appellant has only one argument in its armory that pursuant to the direction of this Court in Mithilesh Kumar's case wherein delayed appointment on compassionate ground was held to be not in consonance with the policy of the compassionate appointment, they had terminated the services of the Petitioner and since the other persons, who were removed by the employer pursuant to the directions of this Court in Mithilesh Kumar's case had approached before the Hon'ble Supreme Court and their plea was not accepted, at the instance of the National Institute of Technology, therefore, service of the Petitioner was not liable to be regularized, as per the order of the learned Single Judge and the order of the learned Single Judge deserves to be set aside.;