RAHUL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Adarsh Singh, learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State-respondents.

(2.) By means of this petition filed under Article 226 of Constitution of India, the petitioner has challenged the order dtd. 28/8/2021 whereby petitioner's services have been dispensed with only on the ground that while seeking compassionate appointment for his father dying in harness on 1/2/2008, vide application dtd. 29/2/2008, he concealed this material fact that his mother was already under Government service.

(3.) Meeting the grounds raised in the order impugned in this petition, Sri Adarsh Singh, learned counsel for the petitioner argues that the petitioner as a matter of fact did not concealed any material fact while seeking compassionate appointment. He submitted two points, firstly that in those days in the year 2008 when the applications for compassionate appointment were invited by the respondents there was no form prescribed as such which may require particular information to be furnished and also the petitioner had annexed the copy of family register which very much disclosed that both the parents of the petitioner were in Government Service. Copy of the family register has been annexed alongwith the petition as Annexure-2. He has also drawn the attention of this Court to the pleadings raised in paragraph No. 20 of the writ petition in which it is clearly stated that the application that was filed for seeking com- passionate appointment of the petitioner was accompanied by the family register. He submits that this paragraph 20 has not been denied in the counter-affidavit as paragraph No. 6 of the counter-affidavit itself contains averment to the effect that the application of the petitioner seeking compassionate appointment was accompanied by High School and Intermediate mark-sheet and certificate, death certificate, copy of family register, caste certificate, domicile certificate, succession certificate and also no objection from his mother Smt. Asha Devi, sister Supriya Sonam and Shweta Sonam and brother Saurabh. All those affidavits were notarized affidavits giving no objection for employment to be offered to the petitioner on compassionate basis.