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RAJIV SHAKDHER, JASMEET SINGH
Yogender Kumar – Appellant
Versus
Municipal Corporation Of Delhi. And Another – Respondent
JUDGMENT
Rajiv Shakdher, J. - This is a writ petition, whereby the following substantive reliefs are sought:
'a. Pass appropriate writs, orders and/or directions particularly in the nature of Mandamus directing the respondents to reinstate the petitioner on the post of assistant Sanitary Inspector with consequential benefits;
b. Pass appropriate writs, orders and/or directions particularly in the nature of Certiorari quashing the impugned order dated 27.09.2011 passed by learned Central administrative Tribunal, Principal Bench, New Delhi in O.a. No. 3446/2011.'
2. The record shows that the appellant was offered appointment on compassionate grounds as assistant Sanitary Inspector with the earlier avatar of North Delhi Municipal Corporation (NDMC), on 12.09.1994.
2.1. The appointment was, however, subject to certain conditions; one of the conditions being that the petitioner would obtain a Diploma in Sanitation, within two years, albeit from a recognized institution.
2.2. admittedly, the petitioner could not obtain the necessary qualification, within the timeframe provided in the order of appointment dated 12.09.1994. The petitioner avers that the necessary qualification was obtained by
Delay and laches in seeking legal remedy for compassionate appointments would extinguish the objective of providing immediate amelioration to the family.
Undue delay in legal proceedings and failure to pursue remedies timely can preclude relief in matters concerning compassionate appointments.
Compassionate appointment is a concession, not an absolute right, and should be granted strictly in accordance with the terms and conditions, without diluting the eligibility criteria.
Compassionate appointments must be considered promptly to address immediate financial crises; undue delay can render applications stale and ineligible.
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