Neutral Citation No. - 2025:AHC:83471 Court No. - 4 Case :- WRIT - A No. - 6980 of 2025 Petitioner :- Ankita Kumari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nitish Shakya,Prabhakar Awasthi Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard Shri Prabhakar Awasthi, learned counsel for petitioner and learned Standing Counsel. 2. Petitioner who had been offered compassionate appointment on 29.03.2023 has been fired while still on probation taking recourse to the provision contained under the Temporary Government Service Rules, 1975. 3. It is contended that the appointment offered on compassionate basis is permanent in nature and, therefore, Temporary Government Service Rules, 1975 could not have been applied. 4. Learned Standing Counsel on the contrary submits that while the petitioner made an application for compassionate appointment her mother was still in government service and she concealed this fact. On the said fact being surfaced out, she was served with the show cause notice on 23.12.2024 to which she submitted reply on 25.12.2024. According to him merely because wrong provision has been mentioned in the order impugned, the appointment of the petitioner does not get validated for concealing the material facts and couple with the fact that the rules do not permit compassionate appointment to a dependent whose one parent is in service at the time of death of other parent. 5. At this stage Shri Awasthi, submits that at least some reasoned order should have been passed because petitioner took a defence that she was never asked to furnish any such detail and so accordingly she did not furnish and, therefore, she could not have been held to be guilty for concealing any material fact in obtaining compassionate appointment. 6. Upon a pointed query being made, learned counsel for petitioner admits that the mother of the petitioner at the time petitioner had applied for compassionate appointment, was very much in service. 7. In the given facts and circumstances, therefore, while the petitioner's mother was still in service when she made an application for compassionate appointment and since the rules do not permit for such compassionate appointment to be offered, this Court cannot come to the rescue of the petitioner at this stage. However, petitioner at least needs a hearing in the matter in the matter of show cause since she had already put up a defence and claimed that she did not conceal the fact because the requisite information was not sought for. 8. Accordingly while I decline to interfere with the order of termination from service, I dispose of this petition, at this stage, with the direction to the competent respondent No. 3 to dispose of the matter of show cause considering the reply of the petitioner and giving her a personal hearing within a period of two months of production of certified copy of this order. It is further provided that the order of termination of service of the petitioner dated 02.04.2025 shall abide by the final decision to be taken by the authority in the matter of showcause. Order Date :- 19.5.2025 Nadeem Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad