SAGAR KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Briefly noted the facts in the writ petition are that the petitioner's father was serving in the Indian Armed Forces as Hawaldar and attained martyrdom during Operation Pawan. Pursuant to a notification issued by the respondent-State inviting applications for compassionate appointments to the families of martyrs of anti-terrorism operations, the petitioner applied for such appointment. After due verification of the petitioner's qualifications and family details, he was appointed on compassionate grounds to the post of Lower Division Clerk (LDC) and was posted in the Office of the Executive Engineer, PWD, Division Nohar, District Hanumangarh. He joined the post on 25/2/2010 and after satisfactorily completing two years of his services, he was confirmed on the said post on 2/3/2012. The petitioner duly submitted all family details including information of his wife and three children for the purpose of his service records and State Insurance purposes. In the year 2019, a complaint was made to the respondent department raising allegations regarding the petitioner having three children at the time of appointment. After receiving the complaint, the respondent issued communications dtd. 9/7/2020 and 13/4/2022. The petitioner replied to these communications by filing detailed replies clearly stating therein that there was no concealment on the part of the petitioner as the entire family details were duly furnished by him at the time of his appointment. Dissatisfied with the replies filed by the petitioner, he was issued a charge-sheet on 13/5/2024. To this charge- sheet, the petitioner filed a detailed reply on 24/5/2024, clarifying that at the time of his appointment, he had disclosed his marital status, and the details of his children were also furnished to the respondent Department in the year 2012. However, dissatisfied with the reply filed by the petitioner, his services were terminated vide order dtd. 26/12/2024. Hence, the present writ petition has been filed.

(3.) Learned counsel for the petitioner submits that the petitioner was granted appointment as a son of Martyrs on the application preferred by him in accordance with the applicable Rules seeking compassionate appointment. Learned counsel submits that the entire factual details were submitted to the respondent Department and the respondent Department, after due consideration of the same, has issued the appointment order in favour of the petitioner. Learned counsel further submits that the appointment was offered to the petitioner after the due verification of the entire documents submitted by him along with the application. He submits that even on a bare perusal of the charge framed against the petitioner in the disciplinary enquiry shows that the petitioner has not been charged for suppressing any information while seeking compassionate appointment in the respondent department. Learned counsel submits that even in the enquiry report, the Enquiry Officer has taken note of the fact that the entire details were submitted by the petitioner and no fact was suppressed by him while seeking compassionate appointment. He submits that the Enquiry Officer has taken note of the fact that the Chief Engineer of the respondent Department has imposed all the conditions which were required to be fulfilled by the petitioner for getting the employment/appointment in the respondent Department and in compliance of the same, the petitioner has complied with those conditions before being appointed in the respondent Department. Learned counsel further submits that after having served the department for almost fifteen years, the services of the petitioner were terminated on the ground that he was not eligible at the time of appointment. He submits that the petitioner's services are unblemished and he has served the respondent Department with utmost zeal, dedication and honesty. He, therefore, prays that the writ petition may be allowed and the order 26/12/2024 may be quashed and set aside.