Madras High Court has held as ‘illegal’ the termination of services of a government employee appointed on compassionate basis on the ground that his elder brother was employed at the time of their father's death.
A bench comprising Justices Elipe Dharma Rao and R. Subbiah confirmed a single Judge's order quashing the termination of the services of S. Raghunathan nearly 12 years after he was appointed in government service.
Raghunathan was appointed as a Junior Assistant on January 5, 1996 on compassionate grounds in view of the death of his father, a Tahsildar in Salem district, in May 1988. However, in November 2007 the Revenue Secretary removed him from service on the ground that his elder brother was employed in a private company at the time of his father's death.
Raghunathan filed a petition seeking to quash the termination order and a consequent direction to the authorities to regularise his services. The single Judge quashed the impugned order and directed the authorities to reinstate him in service, regularise his appointment from January 5, 1996 and grant him all consequential benefits.
Aggrieved by the order the government filed the appeal. Justices Elipe Dharma Rao and Subbiah pointed out that Raghunathan's brother was employed while his father was still alive, had got married and on the date of death of his father had a family of his own.
Therefore, Ragunathan's brother could not be considered a dependent and an earning member to support the deceased man's family. Dismissing the appeal, the Bench said the single Judge was right in quashing the orders of termination, both on grounds of delay and also for the reason that the brother was not a dependent to support Raghunathan's family.
Courtesy: deccanchronicle
No comments:
Post a Comment