Law:

Section:

Civil service----Reinstatement---Equality of treatment between similarly placed employees---Civil servant was appointed as a clerk in the Postal Department after complying with all the codal formalities---Services of civil servant were terminated without any show cause notice; without providing him any opportunity of hearing and without any allegation of misconduct---Appeals filed by civil servant before Department and Service Tribunal respectively were also dismissed on the grounds that his services were terminated during the probationary period---Contention of civil servant was that services of other employees of Postal Department similarly placed to him were also terminated during probationary period but they were reinstated by the Supreme Court after they forwent back benefits---Contention of Department was that civil servant was appointed on dependent quota and not on merit, and provided quota was exceeded when appointment of civil servant was made---Validity---Appointment of civil servant was not based on dependent quota rather same appeared to have been made on merit---No reason existed as to why case of civil servant should be dealt with differently than how the Supreme Court dealt with other similarly placed employees of the Department---Appeal was allowed, of Service Tribunal was set aside and directions were given to reinstate the civil servant immediately but without back benefits. ORDER GULZAR AHMED, J.---Upon advertisement issued by the respondent the appellant had applied for the post of Time Scale Clerk BPS-7. He was interviewed by the departmental selection committee and after complying with all codal formalities Offer Letter dated 19-8-2002 was issued to the appellant. The appellant appeared before the Civil Surgeon Hyderabad on 22-8-2002 for fitness certificate which was issued and thereafter on his reporting, he was appointed vide letter No.24-8-2002 as Time Scale Clerk BPS-7 in the Cantt. Post Office Hyderabad. The appellant was working satisfactorily in the department but all of a sudden through letter dated 30-12-2002 without any show-cause notice or any opportunity of hearing and without any allegations of misconduct, his services were…

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