PUSPRAJ SINGH Vs. SIDHU KANHU MURMU UNIVERSITY

JUDGEMENT

(1.) Heard learned counsel for the parties through V.C.

(2.) The instant writ application was initially preferred for payment of salary for the period from his date of appointment i.e. 10/10/2012 till date. However, during pendency of the instant writ application, the service of the petitioner has been terminated vide order no. G/250/16 dtd. 27/10/2016 (Annexure-7) and thereafter, an amendment application has been filed wherein the petitioner has prayed for quashing the said termination order i.e letter dtd. 27/10/2016, which was allowed.

(3.) Mr. Mrinal Kanti Roy, learned counsel for the petitioner submits that the petitioner made an application under compassionate appointment scheme and the same was considered and resolution was issued by the respondent-University under Memo No.SKMU/R-G/931/12 dtd. 6/10/2012, whereby it was decided to appoint the petitioner on Class-IV post in the pay scale of Rs.2550.003200/- and the petitioner was appointed for Sahebganj College, Sahebganj. Though the petitioner started working in the 4th Grade employee of the University but the petitioner was denied salary which was specifically mentioned in the notification dtd. 6/10/2012. Learned counsel further submits that when the petitioner moved before this Court by filing the instant writ application for payment of salary for the period work done by him; the respondent authorities with a mala-fide intention issued a show cause notice to the petitioner that why not his service should be terminated on the ground of irregular appointment. The said show cause notice was duly replied by the petitioner vide letter dtd. 24/9/2016 wherein he has categorically stated that since the show cause notice is not clear as to on what ground his appointment has been declared irregular; as such, he is unable to give a complete reply. However, pursuant to the said reply, service of the petitioner has been terminated. In view of the aforesaid facts learned counsel submits that the respondents have not adhered to the principle of natural justice and instead of supplying him the reasons for the irregularity in his appointment; his service has been terminated.