RAKHI SHUKLA Vs. STATE OF M P

JUDGEMENT

(1.) This writ appeal is directed against Order dated 14.10.2009 passed in Writ Petition No.18583/03 by learned Single Judge whereby the writ petition filed by the appellant has been dismissed.

(2.) Facts of the case are as under:-

(3.) Shri P.N. Dubey, learned counsel for the appellant submitted that the G.A.D. Circular provides appointment of a near relative on compassionate ground after completing formalities. In furtherance, he submitted that Smt. Parvati Devi was looked after by the appellant after death of her son Dr. Mishra, therefore, Smt. Parvati Devi sworn an affidavit dated 6.12.1994 exercising her option of compassionate appointment in favour of the appellant. Consequently, after due verification of facts the respondents appointed the appellant. It is further submitted that enquiry officers Dr. Vyas and Dr. Sahgaura relying that affidavit dated 6.12.1994 sworn by Smt. Parvati Devi was forged, is not correct in total facts and circumstances of the case. The appellant being relative of Smt. Parvati Devi therefore was rightly considered for appointment. It is also submitted that her appointment on the post of Compounder created a vested right in favour of her, so without affording an opportunity of hearing, services of the appellant could not have been dispensed with. Therefore, order of cancellation of appointment being void-ab-initio deserves to be quashed. Learned counsel for the appellant placed reliance on two judgments of the Apex Court; (i) Basudeo Tiwary vs. Sido Kanhu University and others, 1998 AIR(SC) 3261 and (ii) Delhi Transport Corporation vs. D.T.C. Mazdoor Congress and others, 1991 AIR(SC) 101