The court directed the respondents to consider and decide the applicant's representation for regular appointment on compassionate grounds by passing a reasoned and speaking order within forty-five days.

ORDER (ORAL)

Hon’ble Mr. Manish Garg, Member (J):-

In the present Original Application, filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has prayed for the following reliefs:

“1) To set aside the speaking order dated 05.12.2022 passed by the Respondent No. 2.

II) Direct the respondent authority to consider the case of the applicant and appoint the applicant on regular and sanctioned post on compassionate ground in view of the MCD Standing Committee Resolution/Decision No 142 dated 20.10.2022 and circular no. 330/ADC/DEMS/HQ/2023 dated 03.02.2023.”

After arguing the matter for some time, learned counsel for the applicant submits that she does not press the challenge to the speaking order dated 05.12.2022 passed by Respondent No. 2. She confines the relief sought to a direction to the respondents to consider the case of the applicant for appointment against a regular and sanctioned post on compassionate grounds, in terms of MCD Standing Committee Resolution/Decision No. 142 dated 20.10.2022 and Circular dated 03.02.2023. Learned counsel submits that the applicant was appointed as a Daily Wager Safai Karamchari on compassionate grounds w.e.f. 30.08.2006. We take note of the fact that the speaking order dated 05.12.2022 records that the Corporation was to regularise Daily Wagers engaged up to 31.03.2006. It is further submitted that the applicant submitted a representation dated 29.01.2026 (Annexure A-5) before the competent authority; however, the same has not been considered or disposed of till date. Learned counsel submits that the applicant would be satisfied if a direction is issued to the respondents to consider and dispose of the said representation by passing a reasoned and speaking order within a stipulated time frame.

Issue notice. Mr. Amit Anand, learned counsel, appears and accepts notice on behalf of the respondents. He seeks some time to obtain appropriate instructions.

In view of the limited prayer made by learned counsel for the applicant, and without expressing any opinion on the merits of the case, the present O.A. is disposed of with a direction to the respondents to consider and decide the representation of the applicant dated 29.01.2026 (Annexure A-5) by passing a reasoned and speaking order, strictly in accordance with law, within a period of forty-five days from the date of receipt of a certified copy of this order.

The O.A. stands disposed of in the aforesaid terms, without entering into the merits of the case, at the admission stage itself. Pending M.A(s), if any, shall also stand disposed of accordingly. There shall be no order as to costs.