RAKESH JAJU Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER 's father Late Shri Rajendra Jaju (Gupta) was working on the post of Pump Attendant in Municipal Council, Neemuch (Respondent No. 4). He died in harness on 18.12.1985. At that time petitioner was minor aged 4 years and 9 months. On attaining majority, he applied for compassionate appointment in place of his father. The fourth respondent considered his application and appointed him on compassionate basis on the post of Asstt. Revenue Inspector vide order dated 9.2.2007 (Annexure P -1). On 13.2.2007, vide Annexure P -2, the order of appointment (Annexure P -1) was modified, and he was given appointment on the post of Pump Attendant. When the matters stood thus, on 13.4.2007 vide annexure P -4, the 4th respondent cancelled the petitioner's appointment order with immediate effect. Feeling aggrieved, the petitioner has filed this petition under Article 226 of the Constitution of India.

(2.) ACCORDING to the petitioner the order dated 13.4.2007 (Annexure P -4), of 4th respondent cancelling his appointment is arbitrary and illegal. He stated that before cancelling his compassionate appointment order, no opportunity of hearing has been given and no reasons have been assigned.

(3.) SHRI Surendra Patwa, learned counsel appearing for petitioner contended that petitioner had applied for grant of compassionate appointment on 1.9.2000 on attaining majority. In the circumstances, the policy (Annexure P -4) which came into force much later on 22.1.2007, could not have been applied by the respondents for cancellation of appointment which was made pursuant to the application dated 1.9.2000 and on the basis of the policy in vogue on the date of application. He placed reliance on a Division Bench judgment of this Court passed in the case of T. Swamidas v. Union of India and others [2002 (1) JLJ 350 =2002 (3) MPLJ 242].