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DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
Rashmi Sinha – Appellant
Versus
Union of India General Manager – Respondent
| Table of Content |
|---|
| 1. petitioner's claim based on husband's removal. (Para 2) |
| 2. court's disbelief of petitioner's claims. (Para 3) |
| 3. dismissal of the writ petition. (Para 4 , 5) |
JUDGMENT
Rajiv Shakdher, J.: (ORAL)
[PHYSICAL COURT HEARING]
CM APPL. 29414/2021
1. Allowed, subject to just exceptions.
W.P.(C) 9478/2021
2. On the previous date, i.e., 02.09.2021, we had passed the following order:
"CM No.29414/2021
1. Allowed, subject to the petitioner, filing legible copies of the dim annexures, before the next date of hearing.
W.P.(C) No.9478/2021
2. This writ petition is directed against the order, dated 24.9.2019.
2.1. Essentially, the petitioner is aggrieved by the fact that, her request for appointment, on compassionate ground, on account of the death of her husband has been rejected by the respondents, vide order dated 5.8.2015.
2.2. The record shows that, the husband of the petitioner was removed from the service on 16.10.2003, after an inquiry was carried out. The order of the disciplinary authority, dated 16.10.2003, was not challenged by the husband of the petitioner, i.e., one, Mr. Sanjay Sinha.
3. Ms. Bhawna Massay, who appears on behalf of the petitioner, says that the afor
A spouse cannot claim compassionate appointment if the deceased was removed from service prior to death without contesting that removal during their lifetime.
Failure to challenge a removal order during the deceased's lifetime can make a plea for compassionate appointment untenable.
Compassionate appointments are exceptions to recruitment norms and require strict adherence to eligibility criteria, which were not satisfied in this case.
Compassionate appointment claims must be evaluated empathetically, ensuring the emotional context is considered in line with the underlying objective of the relevant rules.
The court emphasized the importance of considering the relevant circulars in determining the validity of termination and the entitlement to compassionate appointment.
Compassionate appointment valid if applied within time despite processing delays due to genuine medical hardship.
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