KIRTI SHARMA Vs. JAWAHARLAL NEHRU KRISHI VISHVA VIDYALAYA

JUDGEMENT

(1.) This intra Court appeal takes exception to order dtd. 29/3/2019, passed by the learned Single Judge in Writ Petition No. 9437 of 2018, whereby, petition preferred by appellant-petitioner has been dismissed.

(2.) The brief facts of the case are that the mother of the appellant Mrs. Nisha Sharma was working as Assistant Grade-III with the respondent-University. The mother of the appellant expired on 21/4/2015. The appellant applied for compassionate appointment on 9/6/2017. The appellant was appointed as Assistant Grade-III on compassionate basis vide order dtd. 30/10/2017. On 9/11/2017, the appellant submitted an application to Deputy Registrar requesting to consider her posting at Pawarkheda district Betul. Notwithstanding the fact that the application of the appellant for her posting at Pawarkheda was pending, the appellant submitted her joining on 27/11/2017 at Jabalpur. Because of illness of the daughter of the appellant, she had to submit an application for leave and in the meantime on 26/12/2017, she was served with the notice by the respondent-University to explain non disclosure of her marital status. In response to the notice for explanation, the appellant on 3/1/2018 submitted her reply. On 1/2/2018, another show cause notice was given to the appellant to explain as to why her appointment on compassionate basis should not be cancelled. The appellant on 15/2/2018 submitted her response to the said notice. On 28/2/2018 (Annexure P-1), the order of appointment of the appellant on compassionate basis dtd. 30/10/2017, has been cancelled which was assailed before the learned Single Judge. The learned Single Judge did not find any fault with the said order and has dismissed the writ petition, therefore, the appellant has preferred the instant writ appeal.

(3.) The learned counsel appearing for the appellant submits that there was no concealment on the part of the appellant. She has not suppressed any material fact. The requested information as was required in the prescribed format was supplied by the appellant. There was no specific requirement to disclose the marital status and under such circumstances it cannot be said that the appellant concealed any material fact. Learned counsel appearing for the appellant further submits that even otherwise the Full Bench of this Court in the case of Meenakshi Dubey Vs. M.P. Poorva Kshetra Vidyut Vitran Co. Ltd and others W.A.No.756/2019 dtd. 2/3/2020 has held that depriving a married daughter from consideration for compassionate appointment hits Article 14, 16 and 39(a) of the Constitution and, hence Clause 2.2 of the concerned policy has been declared to be ultra vires.