Punjab-Haryana High Court
Union Of India And Ors vs Deepak Chandra Singh And Ors on 25 August, 2014
Bench: Surya Kant, Jaspal Singh
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Civil Writ Petition No.15148 of 2014
Date of Decision: August 25, 2014
Union of India and others .....Petitioners
versus
Deepak Chandra Singh and another .....Respondents
CORAM : HON'BLE MR.JUSTICE SURYA KANT.
HON'BLE MR.JUSTICE JASPAL SINGH.
Present : Mr.Amandeep S. Gill, Advocate, for the petitioners.
-.-
1. Whether Reporters of Local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
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Surya Kant, J. (Oral)
The petitioners impugn the order dated 24.01.2013 (Annexure P-3) passed by the Central Administrative Tribunal, Chandigarh Bench, setting aside the order of termination of services of the first respondent subject to the condition that he shall pass the matriculation examination within five years.
The facts giving rise to the above-stated order may be briefly noticed.
The father of first respondent was working as Poultry Attendant in the petitioner-department when he unfortunately passed away while in service. The first respondent applied for appointment on compassionate ground and the petitioners having regard to the family circumstances, offered him appointment as a 'Telephone Operator' vide order dated 15/19.5.2009. Services of the first respondent were, however, terminated vide order dated 17.7.2012 on the ground that he was not possessing the requisite qualification MOHINDER KUMAR 2014.09.11 15:46 I attest to the accuracy and authenticity of this document Chandigarh CWP No.15148 of 2014 [2] of matriculation prescribed for the post of Telephone Operator. The first respondent approached the Central Administrative Tribunal who has set-aside the above-stated order in the light of the office memorandum dated 3.4.2012 which says that the person appointed as a Trainee on compassionate grounds can acquire the minimum educational qualification within five years. Consequently, a direction was issued that the first respondent would also acquire the prescribed academic qualification within five years.
It is fairly stated by learned counsel for the petitioners that the first respondent has meanwhile acquired the requisite qualification.
In these circumstances and keeping in view the peculiar facts of the case where the genuineness and bonafide need of the family was accepted by the petitioners, we are not inclined to interfere with the order passed by the Tribunal.
Dismissed.
The question whether a candidate who does not have the requisite academic qualification and has been given appointment on compassionate grounds, should continue as a matter of right on such a post, is left open to be gone into in an appropriate case.
[SURYA KANT]
JUDGE
August 25, 2014 [JASPAL SINGH]
Mohinder JUDGE
MOHINDER KUMAR
2014.09.11 15:46
I attest to the accuracy and
authenticity of this document
Chandigarh