Fraudulent or illegal appointments, even if continued for a long time, are void ab initio and cannot be justified.

JUDGMENT :

Dinesh Kumar Singh, J.

1. The petitioner, who obtained employment on Class-IV post in King George's Medical University, Lucknow (for short "the University") under the provisions of The U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 (for short "the Rules, 1974) after death of his father on 13.11.2007, who was working on the post of fireman in Construction Division of the University, has filed this writ petition, impugning the order dated 19.06.2021 passed by the Registrar of the University, terminating his services with immediate effect and the order dated 13.12.2021 passed by the Vice-Chancellor of the University, dismissing appeal of the petitioner filed against the order of termination.

2. A complaint was made against one Mr. Anand Kumar Mishra, Head Assistant, that he had obtained appointment illegally, after concealing material fact and by misrepresentation; Mr. Anand Kumar Mishra was issued charge-sheet as required under rule-5 of The U.P. Recruitment of Dependants of Government Servants (Dying in Harness) (5th Amendment) Rules, 1999; Mr. Anand Kumar Mishra, in his reply to the charge-sheet, had mentioned that like him, other employees were also appointed illegally.

3. In view of the aforesaid allegation, the University decided to examine appointment made on compassionate ground after 2002 and Prof. A.A. Mehndi, Biochemistry Department, was appointed as inquiry officer. In the inquiry conducted by Mr. Mehndi it was found that at the time of appointment of the petitioner on compassionate ground under the Rules, 1999, the petitioner's mother Smt. Kiran was employed as female sick attendant in Pediatric Department of the University. After receiving this report, the petitioner was issued charge-sheet on 05.10.2020 having been approved by the appointing authority

4. Mr. Ram Chandra, Administrative Officer, was nominated as inquiry officer. Thereafter, vide order dated 03.10.2020, Dr. Mhod Kalim Ahmad, Deputy Registrar was nominated as inquiry officer.

5. The petitioner filed his reply to the charge-sheet and, was given opportunity of hearing and the inquiry officer submitted his report on 04.03.2021. The petitioner was issued show-cause-notice along with inquiry report and, after considering his reply to the show-cause-notice, impugned order has been passed.

6. The petitioner admitted that he was appointed on compassionate ground after death of his father and, he did not give details of employment of his parents in the form submitted by him. The petitioner has also admitted that at the time of his appointment, his mother was working as female sick attendant in the Pediatric Department of the University. Along with the writ petition, the form submitted by the petitioner, has also been annexed as Annexure-11. In column-11, while giving details of the dependents of his deceased father, he has mentioned name of his mother Smt. Kiran, aged about 40 years, but he did not give details of occupation nor monthly income of his mother. The petitioner gave details of his two brothers, Amit and Manish without giving details of their occupation.

7. Under the Rules, 1999, which came into force, the appointment under dying in harness can be made only if wife or husband, as the case may be, is not employed in any Central or State Government or in any corporation/organization owned by the Central or State Government and, no member of the family is employed in Central or State Government or corporation/organization owned by Central or State Government. Thus, there is a specific bar for giving appointment under the Rules, 1999, if wife or husband or any family member is employed in the Central or the State Government or in the corporation/organization owned/controlled by the Central/State Government. In the present case, the petitioner's mother was employed in the University itself as female sick attendant in Pediatric Department and, the petitioner deliberately concealed this fact in his application form an