RAM DAS Vs. STATE OF U P

JUDGEMENT

(1.) Heard counsel for the parties and perused the record.

(2.) The father of the petitioner was an employee of Nagar Palika Parishad, Jalabad, Shahjahanpur. He died in harness on 27.7.89. The petitioner was appointed on compassionate ground on the post of Safai Karmchari in Nagar Palika Parishad, Jalabad, Shahjahanpur and continued in service till 31.8.2004. On that date, the respondent No. 3, Executive Officer, Nagar Palika Parishad, Jalabad, Shahjahanpur terminated the services of the petitioner without any opportunity of hearing inter-alia, that the father of the petitioner had completed 60 years of age on 30.6.1988, hence he could not be deemed to have been in service as such the appointment given to the petitioner on compassionate ground was illegal.

(3.) The counsel for the respondents has relied upon the averments made in the counter affidavit and submits that according to records the father of the petitioner had not died in harness. He submits that he or some other person in his interest changed the date of superannuation of the father of the petitioner to 30.6.1988. As a result the father of the petitioner continued in service even after the date of superannuation and the petitioner as a consequence got employment on compassionate grounds. It is further submitted that an enquiry was held by the Additional District Magistrate, Jalabad, Shahjahanpur and the services of the petitioner were terminated on submission of enquiry report dated 5n August, 2004.