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2007 Supreme(Del) 412
141 (2007) DELHI LAW TIMES 88
DELHI HIGH COURT
Rekha Sharma, J.
VIJAY – Petitioner
versus
D.D.A. - Respondent
Writ Petition (C) No. 9937 of 2006
Decided on 27.2.2007
For the Petitioner:Ms. Pooja Bhasin, Advocate.
For the Respondent:Mr. Manu Mridul, Advocate.
The court considered the delay in the application for compassionate appointment and the large number of pending applications as factors indicating the petitioner's lack of serious financial crisis.
Headnote:
Compassionate Appointment - Widow's Claim - The court dismissed the writ petition filed by the widow seeking compassionate appointment after her husband's death, citing the delay in application and the large number of pending applications.
Fact of the Case:
The petitioner, widow of a deceased employee, applied for compassionate appointment after her husband's death, citing financial need.
Finding of the Court:
The court found no merit in the writ petition and dismissed it, considering the delay in the application and the large number of pending applications.
Issues: Delay in compassionate appointment application, Financial need of the petitioner, Large number of pending applications
Ratio Decidendi: The court's decision was influenced by the delay in the petitioner's application for compassionate appointment and the substantial number of pending applications, indicating that the petitioner did not face serious financial crisis.
Final Decision: The writ petition filed by the widow seeking compassionate appointment was dismissed by the court.
Rekha Sharma, J. (Oral)- The petitioner - Smt. Vijay - is the widow of Shri Braham Singh, who was working as Gardner (Mali) with the respondent-Delhi Development Authority. Her husband met with an accident in the year 1996 and died at the spot. Consequent upon his death, the petitioner applied for compassionate appointment in his place on the ground that her husband was the sole bread earner of the family.
2. The Delhi Development Authority, in response, has filed the counter affidavit stating that the petitioner had applied for compassionate appointment after five years of her husbands death and it is therefore submitted this fact alone is sufficient to presume that the petitioner faced no serious financial crisis. However, it is also submitted that the application of the petitioner shall be considered as and when her turn comes in order of seniority as there are 900 applications pending with the department and she figures at serial No. 546.
3. For what has been noticed above, I find no merit in the writ petition.
The same is dismissed.
Writ Petition dismissed.
