Shree Chandrashekhar, J. - (1.) The petitioner is aggrieved of order dated 03.05.2016 by which his appointment as Grade-IV employee under the respondent-Ranchi University has been cancelled by the respondent-Vice-Chancellor.
(2.) Stand of the petitioner is two-fold; (a) petitioner's appointment vide Notification dated 26.04.2016 is not provisional or ad-hoc, rather he was appointed on permanent basis and while so, without initiating a regular departmental enquiry his appointment cannot be cancelled and, (b) in view of various decisions by the High Courts prohibition contained under Government letter dated 01.12.2015 for appointment of dependant of a missing employee on compassionate grounds is illegal and cannot be relied on by the respondent-Ranchi University to cancel otherwise valid appointment of the petitioner.
(3.) Briefly stated, petitioner's father who was a permanent employee under the respondent-Ranchi University was missing since 08.07.2008, when he had left home for pilgrimage. On 19.07.2008 a missing report was lodged with Officer Incharge, Kotwali Police Station, and information in this regard was also given to the Ranchi University; Finance Officer and the Vice-Chancellor, on 25.07.2008 and 26.07.2008. About 7 years thereafter Officer Incharge of Kotwali Police Station, Ranchi informed the Sub-Divisional Officer, Sadar, Ranchi that in spite of search and enquiry petitioner's father could not be traced. Thereafter an application was submitted by mother of the petitioner for his appointment on compassionate grounds. This application was supported by an affidavit dated 14.07.2015 sworn by his mother. The petitioner along with six other persons were appointed on compassionate grounds vide Notification dated 26.04.2016. Now his appointment has been cancelled on the ground that in the Government letter dated 01.12.2015 there is no provision for appointment of dependant of a missing employee on compassionate ground.;