PAWAN KUMAR Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) The petitioner, a Commerce Graduate, claimed appointment on compassionate grounds being a ward of Late Shri Madan Lal Arora, who died while in service of Gajsinghpur Kriya Vikriya Sahakari Samiti Ltd. (hereinafter referred to as "the society") as Accountant-cum-Manager. The society unanimously resolved on 28.11.1996 to provide appointment to the petitioner on compassionate grounds with immediate effect. The resolution aforesaid was confirmed by the competent authorities of the Department of Cooperative Societies and by a communication dated 7.1.1997 it was also made clear by the Joint Registrar, Cooperative Societies that Late Shri Madan Lal Arora was substantively holding the post of Accountant and that was lying vacant, therefore, appointment to his ward could be given on the post aforesaid. The Chief Manager of the society accordingly passed an order dated 17.1.1997 giving appointment to the petitioner as Accountant in the pay scale of Rs.1400-2600.

(2.) The Registrar, Cooperative Societies, Government of Rajasthan by an order dated 21.1.1997 cancelled the earlier communication dated 7.1.1997 and also instructed the Joint Registrar, Cooperative Societies, Bikaner to take necessary action regarding appointment of the petitioner on compassionate grounds as per the department's circular dated 21.12.1995. The circular dated 21.12.1995 prescribes that the appointments on compassionate grounds is not a right for the wards of a deceased employee of a cooperative society and it shall only be a priority while making recruitment to any post with society. The Joint Registrar accordingly by a telegraphic order dated 24.1.1997 rescind the resolution dated 28.11.1996 and the society accordingly by an order dated 10.2.1997 terminated the petitioner from service. Being aggrieved by the same, this petition for writ is preferred.

(3.) The contention of counsel for the petitioner is that the respondents terminated the petitioner in flagrant violation of principles of natural justice and that is highly unjust and arbitrary. It is also asserted that the resolution dated 28.11.1996 could have not been rescind by the Joint Registrar, Cooperative Societies without affording an opportunity of hearing to the petitioner as a valuable right was existing in his favour in view of the appointment accorded under the order dated 17.1.1997. Beside the above, it is strenuously urged by counsel for the petitioner that the respondent society was having a vacant post of the Accountant and, therefore, an appropriate decision was taken by the society to appoint the petitioner and as such the interference by the government authorities that resulted in cancellation of appointment of the petitioner is absolutely unwarranted.