BEANT SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The present petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing letter dated 23.12.2015 (Annexure P-6), whereby, the services of the petitioner have been terminated without issuing any show cause notice in violation to principles of natural justice. A further prayer has also been made for issuance of direction to the respondents to reinstate the petitioner on the post of Sweeper against which he was working and was appointed on compassionate ground as per policy of the State Government after the death of his mother.

(2.) Briefly, the facts of the case, as made out in the present petition, are that the mother of the petitioner, namely, Smt. Krishna Devi was working as Class-IV employee-Sweeper at Primary Health Centre, Village Kulrian, Tehsil Budhlada, District Mansa on regular basis. She was working for the last more than 20 years and had expired during service on 17.06.2011. Petitioner was residing with his mother and was fully dependent upon her. He was not having any source of income. Petitioner had given a representation to the respondents to appoint him on compassionate grounds. Certain formalities were completed and the affidavits of his brothers and sister stating no objection from their side were also obtained. The case of the petitioner for appointment on compassionate grounds was forwarded to the Government but no action was taken thereupon. Ultimately, it was rejected vide letter dated 16.09.2013. Thereafter, the petitioner filed CWP No.9039 of 2014 for quashing of letter dated 16.09.2013, which was quashed by this Court vide order dated 18.09.2015 and the respondents were directed to pass a speaking order on the claim of the petitioner. Respondent no.3 considered the case of the petitioner for appointment and accordingly, he was appointed vide order dated 03.12.2015 (Annexure P-5). Thereafter, the services of the petitioner were terminated on 23.12.2015 without mentioning any reason and without giving any opportunity of hearing and without issuing any show cause notice to him. The said order of termination of service dated 23.12.2015 has been challenged in the present petition.

(3.) Learned counsel for the petitioner submits that the impugned order is totally non-speaking and no show cause notice was issued and the same has been passed in violation of principles of natural justice. The petitioner was appointed as per directions issued by this Court but no reason, whatsoever, has been mentioned. The said order has been passed by mentioning that the case of the petitioner is not covered under the policy. Learned counsel also submits that the action of the respondents is discriminatory as similarly situated persons have been appointed and the appointment already granted to the petitioner has been cancelled.