Nitin Verma v. Public Health and Family Welfare Department
2015-11-17
PRAKASH SHRIVASTAVA
body2015
DigiLaw.ai
ORDER : Prakash Shrivastava, J. Heard finally with consent. This order will govern the disposal of WP No. 7630/2015, 7633/2015, 7636/2015 and WP No. 7637/2015 as it is submitted by learned counsel for parties that all these writ petitions involve the same issue on the identical fact situation. 2. For convenience, the facts have been noted from WP No. 7630/2015. 3. This writ petition has been filed by the petitioner challenging the termination order dated 7/10/2015. 4. In brief, the case of the petitioner is that on account of the unfortunate death of his father, the petitioner was given the compassionate appointment on the post of Multi Purpose Worker on 19/6/2014 and since then he was performing his duties sincerely. The Additional Director, Health Services had issued the communication dated 7th July 2015 stating that those who have been given appointment without imparting training, their appointments may be cancelled and the salary paid to them may be recovered. Following the said instructions the impugned order dated 7/10/2015 was issued terminating the services of the petitioner on the ground that he was not imparted the training before appointment and also directing the recovery of the salary which was paid to the petitioner in the meanwhile. 5. Learned counsel for petitioner submits that the petitioner is ready to take the training on his own expenses and it was not the petitioner's fault if he was not sent on training. He has further submitted that the impugned order even does not contain a condition for taking back the petitioner in service after the training. 6. Learned counsel for State has opposed the writ petition. 7. Having heard the learned counsel for parties and on the perusal of the record, it is noticed that undisputedly the petitioner was required to obtain training at the time of appointment in terms of the policy of compassionate appointment dated 18/8/2008 which has been placed on record as Annexure P/5. It is also not in dispute that the petitioner was given appointment without imparting the training but it was not the petitioner's fault if he was appointed without imparting the training. 8. This court on the previous date had granted time to the counsel for State to obtain instructions if the petitioner can be imparted training during the course of employment.
8. This court on the previous date had granted time to the counsel for State to obtain instructions if the petitioner can be imparted training during the course of employment. Counsel for State on instructions has submitted that the respondents have no objection in imparting the training to the petitioner during the course of employment but he has submitted that the petitioner would not claim salary for the period he will be sent on training. 9. Learned counsel for petitioner has no objection to these conditions. 10. In view of the aforesaid and considering the fact that it is a case of compassionate appointment where the petitioner has been given employment to give immediate relief to the family of the deceased employee and also taking note of the fact that the petitioner has duly been found entitled for compassionate appointment and the said appointment is being denied only for reason that the training was not imparted to the petitioner before appointment and for such a default, the petitioner was not responsible, I am of the opinion that the impugned order dated 7/10/2015 terminating the services of the petitioner and directing recovery of salary cannot be sustained and is hereby set aside. The respondents are directed to take back the petitioner in employment and impart training. The petitioner will submit an application for sending him on training on his own expenses within a period of two weeks from the date of joining the services and he will be sent for training as required by relevant circular. As accepted by the learned counsel for petitioner, petitioner will not be entitled for the salary during the training period. 11. The Writ Petitions are accordingly disposed off. Signed copy of this order be kept in the file of WP No. 7630/2015 and a copy whereof be placed in the record of connected Writ Petitions.