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2007 DAILYLAW 2428 (DEL)

MANJU v. MCD

2007-09-26

Hima Kohli

body2007
HIMA KOHLI, J. ( 1 ) RULE. ( 2 ) WITH the consent of the parties, the matter has been heard and disposed of finally. ( 3 ) THE present writ petition has been filed by the petitioner seeking issuance of directions to the respondent/mcd to consider the application of the petitioner for grant of appointment on compassionate basis in accordance with law and the policies of the respondent/mcd. ( 4 ) BRIEFLY stated the facts of the case are that the deceased father of the petitioner, Sh. Manohar Lal, was working as a Daily Wager mali/beldar in the respondent/mcd and expired on 3rd May, 2002, while in service. The deceased father of the petitioner, was survived by the petitioner (who was born from the first marriage of the deceased employee), his second wife, Smt. Shanti Devi, and four minor children. It is stated by the petitioner that being a legal heir of the deceased employee, she made a representation to the respondent/mcd for considering her case for appointment on compassionate basis. However, the respondent/mcd did not reply to any of the representations made by her. It is further stated that the petitioner has passed class 12th examination and is staying in a rented accommodation with her step mother and four step-siblings. It is also submitted that she has no independent source of income and that the entire family pension and retiral dues were taken by Smt. Shanti Devi. ( 5 ) THE respondent/ MCD in its counter affidavit has stated that it transpired from the investigations conducted that Smt. Shanti Devi was looking after the petitioner since she was 4 years old and that out of the terminal benefits of Rs. 1,20,000/- received by Smt. Shanti Devi, she deposited rs. 80,000/- in the bank account of the petitioner. Countering the stand taken by the respondent/mcd, it is stated by the petitioner in her rejoinder that it was only when Smt. Shanti Devi applied for the said Rs. 1,20,000/- from the `widow fund', set up by the respondent/mcd that, it was brought to the knowledge of the respondent/ MCD that she was the second wife of the deceased employee. Then the officials of the respondent/mcd asked her to deposit the said amount of rs. 1,20,000/- in the account of the petitioner, of which also only Rs. 80,000/-were actually deposited by Smt. Shanti Devi in the petitioner's account. Then the officials of the respondent/mcd asked her to deposit the said amount of rs. 1,20,000/- in the account of the petitioner, of which also only Rs. 80,000/-were actually deposited by Smt. Shanti Devi in the petitioner's account. ( 6 ) IT is stated by the counsel for the petitioner that Smt. Shanti devi had also applied for compassionate appointment but her application was rejected. Thereupon, she approached this court by filing a writ petition being wp (C) No. 15050/2006 entitled Shanti Devi v. Commissioner, MCD and Ors. , which was decided recently by this Court, vide judgment and order dated 14. 8. 2007, reported as 2007 VIII AD (DELHI) 185, whereby the said writ petition was dismissed on the ground that there was no illegality or perversity found in the recommendations of the committee in rejecting the case of Smt. Shanti Devi for appointment on compassionate ground. ( 7 ) A perusal of the counter affidavit filed by the respondent/mcd does not show that the respondent/mcd has considered the application submitted by the petitioner for being granted appointment on compassionate basis. Instead, the averments made therein only refer to pendency of the application of her step-mother, Smt. Shanti Devi and the fact that Smt. Shanti Devi has deposited an amount of Rs. 80,000/- in the account of the petitioner from the amounts received by her from the respondent/mcd, towards her marriage expenses. Vide order dated 8th August, 2007, liberty was granted to the respondent to place on record the order passed refusing appointment of the petitioner on compassionate ground and communication thereof to her. However, no documents have been placed on the record nor has any original record been produced by the respondent/mcd. ( 8 ) IN the aforesaid facts and circumstances, it is deemed just, fit and appropriate to direct the respondent/mcd to consider the representation made by the petitioner for being appointed on compassionate basis and dispose of the same while keeping in mind the guidelines laid down by the Supreme Court and this Court for considering the cases for appointment on compassionate basis, as also in terms of the relevant rules of the respondent/mcd in this regard. ( 9 ) THE petitioner is directed to appear before the Superintendent engineer, Works Division-II, City Zone, MCD on 11th October, 2007 at 3. ( 9 ) THE petitioner is directed to appear before the Superintendent engineer, Works Division-II, City Zone, MCD on 11th October, 2007 at 3. 00 P. M. The Officer shall take into consideration the application made by the petitioner and call for the relevant documents from her and dispose of the representation of the petitioner within a period of four weeks therefrom, under written intimation to her. ( 10 ) WITH these directions, the writ petition stands disposed of.