ARUN KUMAR SAXENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SINCE on similar set of facts the common judgment passed by the learned Single Judge is under challenge, both the appeals have been heard together and are being decided by this common order.

(2.) THERE is no dispute that father of both the appellants Shri Babu Lal Saxena died while in service on 20.1.1976. The eldest brother of both the appellants Shri Ashok Kumar Saxena had been given compassionate appointment under the relevant Rules as existed at the relevant time on 7.2.1976. As it transpires, after appointment of Shri Ashok Kumar Saxena on compassionate grounds on 7.2.1976, the appellant -Arun Kumar Saxena also submitted an application for compassionate appointment and accordingly he was also given compassionate appointment on the post of Malaria Surveillance Worker on 1.5.1976; Subsequently, the younger brother Rajesh Kumar Saxena, appellant in one of the appeals, also sought compassionate appointment on the post of LDC on an application filed by his mother. Initially, the appointment was given on temporary basis vide order dated 11.9.1987, however, it seems that subsequently, on being regularized, he was also given further promotion to the post of UDC.

(3.) MR . Sandeep Saxena, appearing on behalf of the appellant Arun Kumar Saxena, submitted that there is no mention of compassionate appointment in his initial letter of appointment on the post of Malaria Surveillance Worker and, as such, the concealment or misrepresentation cannot be presumed. Similarly, Mr. Virendra Lodha, appearing on behalf of the appellant Rajesh Kumar Saxena also submitted that in the application for compassionate appointment the mother of the appellants had clearly mentioned that her elder son is already in service and, as such, the allegation of concealment and misrepresentation could not have been made against the appellant in charge sheet under Rule 16 of the CCA Rules.