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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
NARENDRA KUMAR VYAS
Sushila Devi Kurrey Wd/o Dwarika Prasad Kurrey – Appellant
Versus
State of Chhattisgarh Through Secretary, Department Of Technical Education – Respondent
| Table of Content |
|---|
| 1. background on termination of employee (Para 1 , 2) |
| 2. arguments regarding absence and termination (Para 3 , 4 , 5) |
| 3. court's analysis on the validity of termination after death (Para 6 , 7 , 8 , 9) |
| 4. judicial precedents supporting termination abatement upon death (Para 10 , 11) |
| 5. decision on service status post-death (Para 12) |
| 6. order for compassionate appointment and benefits (Para 13 , 14) |
ORDER :
Narendra Kumar Vyas, J.
1. The petitioners are wife and son of deceased employee- Dwarika Prasad Kurrey have filed this writ petition assailing order dated 03.06.2024 (Annexure P/1) passed by respondent No. 4/ Principal, Government Engineering College, Bilaspur by which services of employee have been terminated on the account that he remained absent from duty from 05.11.2005 without prior intimation. The petitioners have also prayed for issuance of direction to the respondent authorities to consider case of petitioner No. 2 (son) for grant of compassionate appointment.
2. The brief facts as reflected from records are that husband of petitioner No. 1 namely Dwarika Prasad Kurrey was appointed as Workshop Instructor in the year 1993 and posted at Government Engineering Colle
No disciplinary proceedings can be initiated against a deceased employee; any termination order issued posthumously is void and ab initio.
Termination of service upheld due to lack of disciplinary proceedings; compassionate appointment denied due to delay and non-existent service at the time of death.
An employee may withdraw their resignation at any time before acceptance; failure to act on resignation renders it unaccepted.
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