HARMEET SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order shall dispose of CWP No.6370 of 2006 filed by Harmeet Singh challenging the order dated 2.3.2006 (Annexure P -16) of recall of his order of appointment as dependant son of Smt. Harcharan Kaur, who was prematurely retired on account of her medical condition w.e.f. 31.05.2004 vide order dated 20.12.2004 (Annexure P -2). The other writ petition (CWP No.11177 of 2013) has been filed by the mother of the petitioner in the first writ petition seeking reinstatement in service of the petitioner, her son, or in the alternate her own reinstatement as she has not been permitted to join even though she has submitted joining report personally on 07.09.2006 and later under registered letter on 08.09.2006 consequent to the order dated 2.3.2006 (Annexure P -15). For facility of reference, the facts are taken from CWP No.6370 of 2006.

(2.) THE petitioner was offered appointment on compassionate grounds on account of medical unfitness of his mother on 20.06.2005. As a consequence to the offer of appointment, the petitioner joined services. On 02.03.2006 the order of premature retirement of the mother of the petitioner and also the offer of appointment to the petitioner was recalled vide separate orders (Annexures P -15 & P -16).

(3.) THE petitioner relies upon an order passed by the Division Bench of this Court in CWP No.15550 of 2004 titled as "Shankar Lal Sharma Vs. State of Haryana and others" decided on 23.09.2005, wherein the order of termination relying upon the Rules was set aside. On the other hand Mr. Garg has vehemently argued that the instructions contemplating appointment on compassionate grounds to the Government employees who are declared medically unfit stands repealed in terms of Clause 19 of the Rules. Clause 19 repeals all the instructions issued from time to time regarding providing of financial assistance and appointments made under ex -gratia scheme.