Government of the National Capital Tarritory of Delhi & Ors v. Rajwinder Kaur & Anr

GSS.SISTANI, J r.v ' V" ' V f V -if , b,"", J' lif msr ... .... , I V^'' . "i "u •- 1 V t . MEHTA, J W.P.(C).11000/2015

$-12. * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11000/2015 % Judgment dated 15*''September, 2016 GOVERNMENT OF THE NATIONAL CAPITAL TARRITORY OF DELITI & ORS Petitioners Through : Mr.Gautam Narayan, ASC and Mr.R.I. Iyer, Adv. versus ^ RAJWINDERKAUR.<&fAM.p. Respondents ,ft#Throim%^^ 'MES.S.'v^lSupta aijjd Mr.Vikram Singh, Adys. along witoresppndents. ; ^ i -x .j? •2., ' ' 'F r , S -. CORAM: I ^ ^ \ HON'BLE MR. JUSTICE G.S.SISTAN [ I i ^ ® HON'BLE MR. JUSTICE I.S. MEHTA | f I G.S.SISTANL MiORAD I 1. With the cohsent d£:lhe>bounsel roh4;neTarMhs^#e:vSet ;down the present writ petition fd^fihdFSeaHng^ a^ ' 2. Present writ petition%ha^b,behTiled^uhder Articles 226 and 227 of the Constitution of India seeking a' direction to set aside the order dated 6.2.2015 passed by the Central Administrative TribunaT (hereinafter referred to as 'the TribunaV) by which OA No. 1960/2013 filed by the respondents herein was allowed by the Tribunal and the petitioners herein were directed to grant a suitable appointment to respondent no.l on compassionate grounds and if petitioner no.4. Director, Delhi Fire S entice did not have any suitable vacancy available with it, it would appoint respondent no.l in any other office under the Government of NCT of Delhi/petitioner no.l. W.P. (C). 11000/2015 \(p 3. Some necessary facts, which are required to be noticed for disposal of the present writ petition and as noticed by the Tribunal, are that Sh.Daljit Singh Dhillon, husband of respondent no.2 and father of respondent no.l, was working as a Driver with Delhi Fire Service. He expired in harness as far back as on 30.7.1991 after rendering twenty seven years of service. Thereafter his son sought appointment on compassionate grounds. Admittedly, the petitioners considered his request favourably but he was not found eligible for such appointment as he was short of height by one centimetre and relaxation was not considered permissibl&f.by^f^ conc§T^d®^authorities. The son of the 4 1 I ^ \ deceased then nidde|a^fiepre'senfationHblThe^X^^^ of Delhi. Hisidasb^'was was conducted, however, th4 Cllief SecrelaM^fej*fdyi^fe\equest onfthd^rou that his I imm : f family ha^d received Rs.5^|ppi|| asv terminal benefits a|d further that C fw.' 1 fv f •«. j -r< • "■ a respondent no.2 was receiving|ppnsibn at the rate of ^s. 1,798/-, per Sj - rt. ' if month. Ifhereafter, respbhdehf<4&l?li, being the daughter of the deceased, liade uAffcsbntation fpp.idpp^intinent on> compassionate grounds, whi(lft^%as5fejected by the respphd.e^S|^^lii^h led to the filing ^ of the first OA be%rin'g%5&92^/f#9§fT^ was disposed of by the Tribunal on 18.7.2000*withimsdireStm that the petitioners would communicate to the respondents the decision on her representation. It was also directed that the petitioners would make payment of dues to the respondents, subject to the conditions laid down in the relevant rules and regulations which would be complied with by the respondents. Pursuant to the directions passed by the Tribunal in OA 929/1999, the request of respondent no.l herein was considered and rejected by the petitioners, which led to the filing of a second OA No. 1147/2002. The said OA was also disposed of by the Tribunal on W.P.(C).1I000/201S 20.9.2002 with the direction to the petitioners herein to consider the request of respondent no.l for appointment on compassionate grounds afresh. The request of respondent no.l was again rejected by the petitioners vide order dated 5.12.2002, which led to the filing of the third OA bearing No. 15/2003 by respondent no.l. The Tribunal, vide order dated 02.01.2004, again set aside the order passed by the petitioners with a direction to the petitioners to examine the case of respondent no. 1 in the light of terminal benefits without adhering the A- time limit in terms of DoPT Office Memorandum dated 5.9.2003. Relevant paras of the oi^def dated 02.0 l":2004.read as under: s t o T a S O "7. l^por^^f^eyerusal^^'^^ijnnute's-i'^thek^eeting produced i&y$h