Allahabad High Court
Vijay Kumar vs State Of U.P. And 3 Others on 3 May, 2024
Author: Salil Kumar Rai
Bench: Salil Kumar Rai
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:80055
Court No. - 37
Case :- WRIT - A No. - 22260 of 2018
Petitioner :- Vijay Kumar
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Hari Narayan Singh,Arvind Kumar Singh,Manish Ojha,Sandeep Kumar Dubey
Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the petitioner and the Standing Counsel representing the respondents.
The writ petition was filed in 2018 and two repeated opportunities have been granted to the Standing Counsel, but no counter affidavit has been filed till date.
In view of the aforesaid, the Court has proceeded to decide the petition on the basis of facts stated in the writ petition and in the impugned order.
The petitioner was appointed as Junior Assistant in the office of District Forest Officer in place of Shri Ram Pal Singh who was employed as Forest Inspector and died on 05.07.2009 while still in service. The petitioner sought appointment in place of Shri Ram Pal Singh on the ground that he was the adopted son of Ram Pal Singh. It transpires from the records annexed with the writ petition that the petitioner claimed that he was adopted by Shri Ram Pal Singh on 20.03.2007 and the adoption deed was submitted for registration by the widow of Ram Pal Singh after the death of Ram Pal Singh. The adoption deed was registered on 18.07.2009, i.e., after the death of Ram Pal Singh. It also transpires from the records annexed with the writ petition that the name of the petitioner was mutated in different revenue records in place of Ram Pal Singh treating him to be the son of the deceased Ram Pal Singh. The petitioner was also given employment under theUttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 (hereinafter referred to as 'Rules, 1974') in place of Ram Pal Singh. Subsequently, a complaint was lodged against the petitioner stating that the petitioner had obtained compassionate appointment under the Rules, 1974 on the basis of forged adoption deed and the petitioner was not adopted by Ram Pal Singh. It is to be noted that the petitioner is the biological son of Bhagwat Singh, the brother of Ram Pal Singh. On the aforesaid complaint, a show cause notice dated 20.04.2018 was issued to the petitioner. The petitioner submitted his reply to the show cause notice on 15.05.2018. However, the Conservator of Forest/ Regional Director Social Forestry, Meerut Division, District Meerut passed the order dated 06.09.2018 removing the petitioner from service exercising powers under Uttar Pradesh Temporary Government Servant (Termination of Service) Rules, 1975. The order dated 06.09.2018 has been challenged in the writ petition.
It has been argued by the counsel for the petitioner that the order dated 06.09.2018 passed by theForest Conservator/ Regional Director Social Forestry, Meerut Region, Meerut, respondent no. 3 is contrary to law in as much as the appointment of the petitioner under Rules, 1974 was permanent in nature and the termination order could not have been passed under theUttar Pradesh Temporary Government Servant (Termination of Service) Rules, 1975. It has been further argued that no findings have been recorded by respondent no. 3 on the allegation that the petitioner had submitted a forged adoption deed and the order dated 06.09.2018 has been passed without considering the reply of the petitioner. It was argued that from the records it was established that the petitioner was the adopted son of late Ram Pal Singh, therefore, the proceedings instituted through the show cause notice dated 20.04.2018 were liable to be dropped. It was argued that for the aforesaid reasons the order dated 06.09.2018 is liable to be quashed.
Rebutting the argument of the counsel for the petitioner, the counsel for the respondents has supported the order dated 06.09.2018 and also the reasons given in the same and has argued that the petition is liable to be dismissed.
I have considered the submission of the counsel for the parties.
It appears to be the admitted case of the State respondents as evident from the show cause notice dated 20.04.2018 itself that the adoption deed evidencing adoption of the petitioner by late Ram Pal Singh is a registered document, though, the same was put in registration after the death of Ram Pal Singh. The authorities could not have ignored the aforesaid adoption deed till the same was cancelled by any competent court. The recital in the show cause notice dated 20.04.2018 that the petitioner was not the adopted son of late Ram Pal Singh is without any evidence and has been mechanically accepted on the complaint filed by some person.
Apart from the aforesaid, the petitioner was appointed as Junior Assistant on compassionate basis under Rules, 1974. It is settled law that appointments under the Rules, 1974 are permanent in nature.
Reference may be made to the Division Bench judgment of this Court reported in Ravi Karan Singh Vs. State of U.P. and Ors. 1999 (3) UPLBEC 2263 as well as to the Full Bench judgment of this Court reported in Sr. General Manager, Ordinance Factory, Kalpi Road, Kanpur Vs. Central Administrative Tribunal and Anr. 2016 (34) LCD 1084.
In view of the aforesaid, the Forest Conservator/ Regional Director Social Forestry, Meerut Region, Meerut, i.e., the respondent no. 3 could not have terminated the services of the petitioner under the Uttar Pradesh Temporary Government Servant (Termination of Services) Rules, 1975.
Evidently, the order dated 06.09.2018 is without jurisdiction. It is also noted that the order dated 06.09.2018 does not record any reasons and findings regarding validity of the appointment of the petitioner under the Rules, 1974.
The order dated 06.09.2018 is, hereby, quashed. The petitioner shall be allowed to join on the post of Junior Assistant within a period of two months from the date a certified copy of this order is produced before the concerned authority and also entitled to all consequential service benefits.
The petition is allowed.
Order Date :- 3.5.2024
Vipasha
