CHAND Vs. MUNICIPAL COUNCIL, PANIPAT

JUDGEMENT

(1.) The petitioner challenges an order of termination of service made on 13th November, 2009, after the petitioner had been earlier favoured with an order of appointment on 1st August, 2006 as a Safai Karamchari in the Municipal Council on compassionate grounds after his father on whom he was dependent, died-in-harness.

(2.) The relevant rules relating to compassionate appointment at that time in the year 2005 had provided for appointment or a financial assistance to the tune of Rs. 5 lakhs. The State had provided to him instead of financial recompense an appointment itself.

(3.) There had been a change in the policy of compassionate appointment subsequently in the year 2006 where no dependent could claim compassionate appointment but his relief would stay restricted only to a financial assistance. This change in policy was taken as the basis to serve the petitioner a show-cause notice on 6th November, 2009 as to why the petitioner's service shall not be terminated. The petitioner has replied stating that since the appointment was made subsequent to his father's death on 13th November, 2005, the compassionate appointment policy that was extant namely, the 2005 policy alone would be applicable. As per the said policy, the petitioner had contended that he was entitled to Rs. 5 lakhs for financial assistance. The State rejected his reply and terminated him from service. It is this order of termination which is put in challenge before this Court.