Petitioner sought compassionate appointment. High Court held Tribunal correctly applied strict criteria regarding indigent circumstances and family composition, dismissing petition.
Writ petition dismissed.
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versus
GOVERNMENT OF NCT OF DELHI & ORS ..... Respondent Through Ms. Niti Jain, Advocate for Mr. Anuj Aggarwal, Additional Standing Counsel for GNCTD.
CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAJMI WAZIRI
O R D E R % 08.02.2016
The impugned order passed by the Tribunal is detailed and
takes into consideration the relevant facts including the fact that the case of the respondent was considered by the Screening Committee on five occasions i.e. on 3rd September, 2009, 20th October, 2010, 9th December, 2010, 17th February, 2012 and 30th March, 2012, but could not be recommended for compassionate appointment. They have also referred to the scheme for compassionate appointment issued by the Government of India vide DOPT OM No.14014/6/94-Estt.(D) dated 9th October, 1998
and the criteria adopted by the Government of NCT of Delhi for appointment on compassionate basis. As per the aforesaid OM dated 9th October, 1998, first priority is to be given to the families, which are living in extremely indigent circumstances and are having small children, who are less than 12 years of age and have no other source of livelihood i.e. rent, land etc. There is a restriction, and only 5% vacancies from direct recruitment quota in a financial year can be filled up on compassionate basis.
The Tribunal, in our opinion, has rightly dealt with the matter and aspects covered and no ground or reason is given to set aside and take a different view.
The writ petition is devoid of merit and is accordingly dismissed.
SANJIV KHANNA, J.
NAJMI WAZIRI, J.
FEBRUARY 08, 2016 NA
1 issue framed by the court
Whether the admission by the Tribunal to the strict criteria for compassionate appointments under the DOPT OM prevents the petitioner from claiming relaxation.
1 provisions across 1 enactments
Maya Devi
Government of NCT of Delhi
Sanjiv Khanna
Najmi Waziri
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
