NAGESH KATARIYA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Ashok Khare, learned senior counsel appearing for petitioner assisted by Sri Nipendra Tripathi and standing counsel who has accepted notice on behalf of the respondents No. 1 to 4.

(2.) THE facts of the case in brief are that Surendra Katariya, father of the petitioner was employed in permanent capacity as Ambulance Driver. He died during service on 5.7.2008. Petitioner thereafter applied for compassionate appointment in place of his father and was appointed as Warder in district Jail, Meerut by Senior Superintendent of Jail, Meerut. While he was undergoing training at Training Institute at Lucknow, a notice dated 2.10.2008 was issued to the petitioner by Deputy Director calling for an explanation regarding his absence in training Class and not observing discipline in the institute. Another notice dated 3.10.2008 was issued calling for explanation for not performing his duties during training period and reiterating the fact that he was not taking any interest in training. Another charge was that while he was Mess In-charge, he was not serving food properly upto standard. Petitioner replied both the notices. Another show cause notice dated 7.10.2008 was issued to the petitioner again calling for explanation in which he was communicated by the Deputy Director that he was failed in training and was required to undergo further training after availing two days leave.

(3.) IT is urged by counsel for the petitioner that it is settled law that the compassionate appointment is treated to be permanent appointment if the deceased Government servant was employed on permanent basis. He has relied upon a Division Bench decision of this Court in the case of Ravi Karan Singh v. State of U. P., and others, 1999 (2) AWC 976, wherein the Division Bench has held as under :