CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH Reserved on: 29.10.2025 Pronounced on: 03.12.2025 OA No. 060/75/2021 HON’BLE SH. RAMESH SINGH THAKUR MEMBER (J)

HON’BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)

Sumit Kumar aged 32 years son of late Sh. Raj Kumar, resident of House no. 813, Sector 47-A, Chandigarh-160046.

Group C.

………Applicant (By Advocate : Sh. K.B. Sharma)

VERSUS

1. Union of India, through Secretary, Ministry of Defence South Block, New Delhi-110011. E Mail- defsecy@nic.in

2. Headquarters, Indian Air Force Subroto Park, New Delhi 110010.

3. Air Officer Commanding, 12 Wing, Air Force, Air Force Station, Chandigarh- 160003. E-mail – aero.legal@gov.in

4. Civil Admin Section, Air Force Station, Air Force, Chandigarh-160003. E-mail – aero.legal@gov.in

5. Civilian Gazetted Officer (Admin), 12 Wing, Air Force Station, Chandigarh- 160003. E-mail – aero.legal@gov.in ………Respondents (BY Advocate: Sh. Sanjay Goyal, Sr. CGSC with Sh.

Shivam Dang)

O R D E R

Per: SH. RAMESH SINGH THAKUR MEMBER (J):

1. This application under section 19 of the Administrative Tribunals Act, 1985 is directed against the impugned order dated 21.12.2020 (Annexure A-1), vide which the services of applicant has been terminated in wholly illegal and arbitrary manner against principles of natural justice, stated to be under para 2 of the appointment letter dated 17.1.2019. Applicant further challenges order dated 11.01.2021 (Annexure A-2) received on 18.1.2021, vide which he has been directed to vacate the govt. accommodation allotted to him.

2. Through the present Original Application, the applicant has sought the following relief(s):-

―8(II) That impugned order of termination dated

21.12.2020(A-1) and order dated 11.01.2021 received on 18.1.2021 (A-2) be quashed and set aside being wholly illegal and arbitrary and in violation of law enunciated by Hon’ble Supreme Court of India.

(III) That respondents may kindly be directed to reinstate the applicant back in service with all consequential benefits of pay and allowances and interest @ 18% per annum.

3. The facts as projected by the applicant are that the applicant’s father, Sh. Raj Kumar, who was serving in the respondent Department, expired in harness. The applicant, being dependent along with his aged mother, was granted compassionate appointment vide letter dated 17.09.2018 (Annexure A-3). His appointment letter was issued on 17.01.2019 (Annexure A-4), placing him on two years’ probation with a clause permitting termination for unsatisfactory conduct or performance without notice.

4. The probation period was to continue until 17.01.2021.

During this period the applicant’s work and conduct remained satisfactory and he was never issued any show cause notice. In September 2019, he suffered fits and seizures and was treated at PGIMER, Chandigarh. His OPD card (Annexure A-5) shows earlier episodes and a family history of seizures, but he was declared fit to resume duty.

5. On 02.10.2020, while reporting for duty, the applicant was found to have fever during COVID-19 screening and was referred to SMC, Air Force Station, where he was advised home rest. On 05.10.2020 he was referred to GMCH-32 for COVID testing (Annexure A-6). He submitted his samples on 05.10.2020 and the report received on 09.10.2020 was negative (Annexure A-7). SMC subsequently tested him for typhoid and confirmed a positive result on 21.10.2020 (Annexure A-7). Although JWO Om Prakash Kharab questioned the validity of the SMC certificates, the applicant was kept on medical rest and was declared fit on 06.11.2020 (Annexure A-8), after which he resumed duty on

07.11.2020.

6. From 07.11.2020 to 18.12.2020, the applicant worked continuously without any break, including weekends, because of festival season duties and shortage of staff. He availed weekly offs only from 18.12.2020 to 21.12.2020 as per the rotation system followed among the nine cooks of the Officers’ Mess.

7. Despite satisfactory performance, it appears that the respondents developed resentment over hi