BEENA CHATTREE Vs. DDA

JUDGEMENT

(1.) As would be evident from the facts noted by us hereinafter, without understanding the procedure of the law to be complied with, knee jerk reactions by officers of DDA have resulted in unnecessary litigation and none informed Ms.Beena Chattree the correct legal position and thus the lady has been running a constant feud with her employer i.e. DDA.

(2.) Late Sh.B.S.Chattree, husband of Ms.Beena Chattree was employed as an Executive Engineer under Delhi Development Authority (DDA) and suffered an untimely death in the prime of his youth. Under a policy framed by DDA as per which an adult member of the family of the deceased employee can be given appointment on compassionate basis if the family comes under sudden economic distress, Ms.Beena Chattree sought appointment on compassionate basis to a post for which she was qualified to be appointed. Fortunately for her, Ms.Beena Chattree had obtained a Masters Degree in Psychology.

(3.) The first and the foremost wrong committed by the officers of DDA was in not identifying a post in the cadre to which Ms.Beena Chattree could be appointed and following the simpler route of creating an ex-cadre post for her. Overlooking the fact that the educational qualifications acquired by Ms.Beena Chattree rendered her not only suitable but even eligible to be appointed in the Social Welfare Department in the cadre of Welfare Officers and appoint her to a post in the cadre and designate her appointment with reference to the post, DDA issued the letter of appointment notifying to Ms.Beena Chattree that she was appointed as a ,Field Investigator with effect from 4.4.1989 in the pay-scale '1400-40-1800-EB-50-2300. It may be noted that commensurate to her educational qualifications, Ms.Beena Chattree was most unsuitable to work in the field as a Field Investigator and for the said reason while issuing the order dated 17.4.1989 posting Ms.Beena Chattree, the department wrote as under:-