IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 8222/2008 Reserved on: 28.7.2010 Decided on: 6.8.2010 _____________________________________________ Mohit Sood. …Petitioner. Versus State of Himachal Pradesh and another. …Respondents. _______________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 Yes For the petitioner : Mr. P.P. Chauhan, Advocate. For the Respondents: Mr. R.P. Singh, Asstt. Advocate General. ____________________________________________________ Rajiv Sharma, Judge. Petitioner’s father was in employment in the respondent-Department. He died in harness. Petitioner was offered compassionate appointment by the respondent- Department after the death of his father on 31.3.1999. He absented himself with effect from 4.2.2000. A notice was sent to the petitioner asking him to join his duties. However, the same was received back unserved. Respondent- Department issued two notices in the daily Edition of Divya 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 Himachal dated 7.3.2000 and Indian Express dated 8.3.2000 asking the petitioner to join his duties. Mr. P.P. Chauhan has strenuously argued that after the death of his parents, petitioner lost his equilibrium and suffered mental shock, and he has gone psychic. He has relied upon Annexures A-2 to A-6 issued by the Doctors to substantiate that his client was suffering from mental ailment. He has further contended that no regular inquiry was conducted by the respondents. Mr. R.P. Singh, learned Assistant Advocate General has strenuously argued that since the petitioner has not joined his duties after 4.2.2000, his services were terminated under sub-rule (1) of rule 5 of the Central Civil Services (Temporary Services) Rules, 1965 on 18.3.2000 I have heard the learned counsel for the parties and have perused the record carefully. Petitioner was appointed on compassionate ground. He has been served with a notice on 15.2.2000 though the same was received back unserved. Petitioner was informed to join his duties on the basis of notices published in the daily Edition of Divya Himachal dated 7.3.2000 and Indian Express dated 8.3.2000. He did not resume his duties. He has relied upon Annexure A-2, i.e. ticket for out-door patient of Indira Gandhi Medical College and Association Hospitals, 3 Shimla. This was issued on 4.2.2001. Similarly, Annexures A-3 and A-4 have been issued by some private practitioner on 28.6.2001, respectively. The certificate issued by Dr. Virandra Mohan is also dated 9.5.2001. He has also certified that the petitioner remained under treatment with effect from 28.4.2001 to 9.5.2001. These medical prescriptions/slips have been obtained by the petitioner after he has been terminated on 18.3.2000. In these circumstances, it was not necessary for the respondents to hold a regular inquiry. Petitioner had been appointed on temporary basis and his services have been rightly terminated in view of sub-rule (1) of rule 5 of the Central Civil Services (Temporary Services) Rules, 1965. He has no right to hold the post. No other point was urged. Accordingly, there is no merit in the petition and the same is dismissed. No costs. (Rajiv Sharma), Judge 6.8. 2010 *awasthi*