Appointment on compassionate grounds can only be made within the parameters of the Scheme of Compassionate Appointment, and no claim for compassionate appointment can be made to a post outside the Scheme.

JUDGMENT

Mini Pushkarna, J. The present writ petition has been filed with prayer for directions to the respondents to appoint the petitioner on compassionate basis to the post of Junior Engineer (Electrical) in the Pay Scale of Rs.5500-9875/- on Regular basis, with retrospective effect from the date of his compassionate appointment on clerical job on work charge basis, i.e., 07.03.2002 or from 04.06.2003, on which date, the petitioner was regularised as Assistant Grade III on clerical job.

2. The brief facts of the case are that the father of the petitioner, late Sh. Barkhu was working as Daftari in the office of Executive Engineer, District Yamuna Vihar in the Erstwhile Delhi Vidyut Board (DVB). The father of the petitioner expired on 15.09.2001 during the course of employment.

3. A scheme dated 01.06.1999 was formulated for appointment on compassionate and humanitarian grounds for employment of the dependents in case of death of an employee during service. On the basis of the said scheme, the petitioner was given compassionate appointment in clerical grade on work charge basis as Assistant Grade III, as per Office Order dated 07.03.2002. Subsequently, the petitioner was regularised to the said post of Assistant Grade III vide Office Order dated 12.06.2003, w.e.f. 04.06.2003.

4. It is the case on behalf of the petitioner that he is a technically qualified person, as he possesses diploma in Electrical Engineering from Pusa Polytechnic Institute, which is a 3 year course. As per the employment scheme, the petitioner is entitled for appointment for the post of Junior Engineer, keeping in view his qualification, as the post of Junior Engineer is a direct recruitment post for diploma in Electrical Engineering. Moreover, the petitioner also possesses relevant experience as prior to appointment on compassionate ground, the petitioner worked on contract basis with the DVB as Electrical Supervisor in Planning Department, Jhandewalan from 09.02.1999 to 08.08.1999 and thereafter from 24.08.2000 to 27.10.2000 and then from 03.04.2001 to 30.09.2001. Prior to this, the petitioner had worked from 08.08.1994 to 31.01.1999 in a private concern as an Electrical Supervisor.

5. The petitioner represented to the respondent to consider his case for appointment as Junior Engineer, but his request was not considered. Thus, the present writ petition has been filed.

6. On behalf of the petitioner it is contended that on unbundling of the DVB on 01.07.2002, respondent No.1 and 2 came into existence, being the Generating Companies (GENCO). The scheme for appointment on compassionate ground as existing in the DVB, was adopted by the respondents. All assets, liabilities, contracts, suits, legal proceedings, service conditions of employees etc. were transferred to the new entities. It is submitted that the petitioner despite being a qualified engineer has been given a clerical job and that he is entitled to the post of Junior Engineer as per the scheme of compassionate appointment.

7. It is further submitted that one Sh. Manoj Gupta and Sh. Harsh Gulati were appointed as Junior Engineers on compassionate ground vide orders dated 21.01.2002 and 17.04.2002 respectively. On unbundling of DVB in the year 2002, they were posted in the Distribution Companies (DISCOM).

8. It is submitted that the petitioner is still working on clerical grade. Thus, it is contended that there is no justified reason for not appointing the petitioner to the post of Junior Engineer, when other similarly placed persons have been so appointed during the corresponding period. The petitioner fulfils all the required qualification as well as experience and belongs to Reserved Category. He is entitled for Direct Recruitment to the post of Junior Engineer (Electrical) as per the Rules. Further, the post of Junior Engineer falls under Category `C' as per the Revised Recruitment and Promotion Regulations in force at that time. Office Order dated 13.11.2009 issued by respondent No.2 clea