Dismissed

Ashok Kumar Sharma v. State and Ors.

Rajasthan HC6 Dec 2023CW/2656/2007

Case brief

AI extract

What is this about?

This order disposed of a writ petition regarding the termination of a petitioner's compassionate appointment. The court directed the respondents not to terminate his services and to consider him for a post commensurate with his qualifications along with notional benefits.

What did the court decide?

Directions not to terminate petitioner's services, to consider him for an appropriate post, and to grant notional benefits from the date of initial appointment.

Ashok Kumar Sharma Vs State and Ors. — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023:RJ-JD:42479]

[CW-2656/2007]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶5

S.B. Civil Writ Petition No. 2656/2007

Ashok Kumar Sharma

----Petitioner

Versus

State And Ors.

	----Respondent
For Petitioner(s)	: Nonepresent
For Respondent(s)	: Mr. Manoj Bhandari Sr. Advocate assisted byMr. Govind Lal

¶11

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

¶12

Order

¶13

06/12/2023

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The petitioner has preferred the present writ petition claiming the following prayers:-

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“It is, therefore, most respectfully prayed that during the pendency of this writ petition the effect and operation of the impugned order dated 21.4.2007 may kindly be stayed and the respondents may kindly be restrained from making any recovery from the petitioner and if any recovery is made then the same may kindly be restored to him alongwith interest @ 24% per annum.”

¶16

This Court had passed the following interim order on 25.05.2007 :-

¶17

" Heard learned counsel for the parties.

¶18

It is contended by the learned counsel for the petitioner that the petitioner was appointed on compassionate ground on the death of his father while in service on 4-3-2003 and since then he has been serving with the respondents. The respondents, vide order Annex.6 dated 21-4-2007, terminated the services of the petitioner.

¶19

In my view, it is a fit case to be admitted. Admit. Mr. K.R. Choudhary waives the service of notice. During pendency of the writ petition, the effect

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[2023:RJ-JD:42479]

[CW-2656/2007]

and operation of the impugned order Annex.6 dated 214-2007 shall remain stayed."

¶24

Mr. Manoj Bhandari, learned Senior Counsel assisted by Mr. Govind Suthar appearing for the respondents fairly submits that the petitioner is facing financial loss on count of fact that the petitioner has been granted fixed pay-scale by the respondents whereas the respondents are prepared to consider him for continuing compassionate appointment on the post in which he would be otherwise eligible in terms of his qualification rather than simply dismissing him.

¶25

On such limited submission of the counsel for the respondent, the present petition is disposed of with a direction to the respondents not to terminate the services of the petitioner, as he was appointed on compassionate ground on count of death of his father while in service on 04.03.2003 and which has been continued till date by virtue of the interim order passed by this Court on 25.05.2007. It is also directed that the respondents shall adhere to the assurance given by learned Senior Counsel representing them to consider the case of the petitioner for the appropriate post commensurating to his qualification. The petitioner shall be granted notional benefits on such changed post from the date on which initial compassionate appointment was granted to him, as per the assurance given by learned Senior Counsel.

¶26

All pending applications stand disposed of.

¶27

(DR. PUSHPENDRA SINGH BHATI), J.

¶28

31-Sudheer/-

Ashok Kumar Sharma v. State and Ors.

Case brief

What is this about?

What did the court decide?

Ashok Kumar Sharma v. State and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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