Termination of permanent government servant without enquiry

from this query, it appears that the person is using rule 29.  You have not stated whether there was any appeal under ruler 27.

you have also not stated whether he is challnaging dismissal on procedure or is simply asking for condonation of fraud (which doe snot happen in Govt)

read rule 41 of pension rules

1.    Compassionate allowance

(1)    A Government servant who is dismissed or removed from service shall forfeit his pension and gratuity :

    Provided that the authority competent to dismiss or remove him from service may, if the case is deserving of special consideration, sanction a compassionate allowance not exceeding two - thirds of pension or gratuity or both which would have been admissible to him if he had retired on ¹[compensation pension].

(2)    A compassionate allowance sanctioned under the proviso to sub-rule (1) shall not be less than the amount of ²[Rupees three hundred and seventy-five] per mensem.

Footnote : 1. Substituted by G.I., M.F., Notification No. Q-18011/2/75-E. V (A), dated the 10th April, 1975.
                2. Substituted by G.I., Dept. of P. & P.W., Notification No. 2/18/87-P. & P.W. (PIC), dated the 20th July, 1988. Published as S.O. No. 2388 in the Gazette of India, dated the 6th August, 1988. Takes effect from 1st January, 1986.

this rule no where provides for compasssionate employmnet which is admissible in case of dependetns of Govt servant died of invalidated out of service on medical ground.

repeated

https://www.lawyersclubindia.com/forum/details.asp?mod_id=99098&offset=1#.UyG9_841hn4

Thanks Mr.Sudhir Kumar,

Yes, the petitioner is using rule 29 A of CCS CCA and he does not prefer appeal under rule 27. Knowing that there was procedural lapse on the part of the Govt, he apparently seeks that he may be reinstated into service by condoning his educational qualification(PUC) since the amendment of Recruitment rules for the post of Middle school teachers insists on passing of Graduate.Otherwise, he applies for compassionate allowance as if he was removed from service under Rule 41 of the  CCS(Pension) Rules, 1972.

In short, it may be said that the petitioner challenges the order of his service removal(termination) as the same was done without holding any enquiry. So, What best could be done by the Govt- can the impugned order be quashed/set  aside after that fresh disciplinary proceeding may be initiated against him?

better meet service experts/lawyer with papers.