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IN THE HIGH COURT OF DELHI AT NEW DELHI
Jyoti Singh, J.
Smt. Khushbu Rana – Appellant
Versus
Municipal Corporation of Delhi – Respondent
W.P.(C) 2125 of 2023
Decided On : 17-02-2023
Exemption - Writ Petition - The court dismissed the writ petition as not maintainable, citing relevant judgments and granting liberty to the petitioner to approach the Appropriate Forum.
Fact of the Case:
The petitioner filed a writ petition seeking employment on compassionate grounds and other consequential benefits.
Finding of the Court:
The court dismissed the writ petition as not maintainable, citing relevant judgments and granting liberty to the petitioner to approach the Appropriate Forum.
Issues: Maintainability of the writ petition
Ratio Decidendi: The court held that the writ petition cannot be entertained in view of relevant judgments and directed the petitioner to approach the Appropriate Forum.
Final Decision: The writ petition is dismissed as not maintainable, granting liberty to the petitioner to approach the Appropriate Forum.
JUDGMENT
Jyoti Singh, J. (Oral)
CM APPL. 8045/2023 (Exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P.(C) 2125/2023
3. Present writ petition has been filed by Petitioner seeking the following reliefs:
"I. Issue a writ in the nature of mandamus or any other appropriate writ/s, order/s, direction/s directing the Respondent to consider and decide the Representation of the Petitioner dated 18.12.2022 thereby directing the Respondent to offer employment on the basis of the compassionate ground and release other consequential benefits. AND;
ii. Directing the Respondent to decide the Representation of the Petitioner within 15 days with a direction to file compliance report before this Hon'ble Court. And;
iii. Pass any other or further order/s or direction/s as this Hon'ble Court deems fit and proper be also awarded to the Petitioner and against the Respondents, in the interest of justice."
4. The writ petition cannot be entertained by this Court as it is not maintainable in view of the judgments of the Constitution Bench of the Supreme Court in L. Chandra Kumar v. Union of India and Others, (1997) 3 SCC 261 and this Court in Dr. Arun Kumar Mishra v. Union of India, 2021 SCC OnLine Del 3841 and Dr. Ambika Tyagi v. All India Institute of Medical Sciences and Anr., 2023 SCC OnLine Del 201.
5. Writ petition is therefore dismissed as not maintainable granting liberty to the Petitioner to approach the Appropriate Forum, in accordance with law.
Maintainability of the writ petition in accordance with relevant judgments
The court mandated timely consideration of compassionate appointment applications, emphasizing the need for adherence to rules and addressing the hardships of bereaved families.
Eligibility for compassionate appointment based on Class-XII qualification and the right to make a representation for reconsideration.
Compassionate appointment is a concession and should be restricted to genuinely deserving families, with strict scrutiny of various parameters.
The main legal point established in the judgment is the need for strict adherence to the terms and conditions of compassionate appointment, the consideration of indigent circumstances, and the verifi....
The main legal point established is that the appointment was subject to medical fitness, and the court could not substitute the opinion of the Medical Board. The court also highlighted the limitation....
Compassionate employment is not a matter of right, and the financial condition of the deceased family at the time of death should be the primary consideration. The appointment on compassionate ground....
The need for immediacy in providing compassionate appointment and disentitling relief due to undue delay.
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