LAWS(DLH)-2023-5-35

KAVITA Vs. DELHI HIGH COURT

Decided On May 15, 2023
KAVITA Appellant
V/S
DELHI HIGH COURT Respondents

JUDGEMENT

(1.) Present writ petition has been filed challenging the letter dtd. 26/5/2022 passed by the respondents whereby the petitioner's application seeking compassionate appointment was rejected. Petitioner also seeks a direction to the respondents to appoint her to a suitable Group-D post on compassionate grounds.

(2.) Learned counsel for the petitioner stated that Late Mr. Vijay Kumar, the husband of the petitioner, who was working as a 'Court Attendant' in this Court, had unfortunately expired on 28/4/2021 at the young age of forty two (42) years, leaving behind his wife and three minor children. He stated that after the untimely death of her husband, the petitioner who is a house wife without any independent source of income found herself in great financial distress. He further stated that upon coming to know of the existence of the scheme for grant of appointment on compassionate grounds to a dependent family member of a government servant dying in harness, the petitioner applied for the same vide application dtd. 1/10/2021.

(3.) Learned counsel for the petitioner stated that after almost eight months, the respondent No.1's rejected the application of the petitioner in a callous manner vide the impugned letter dtd. 26/5/2022. He stated that the impugned letter had been passed in violation of principles of natural justice as it was a cryptic and non-reasoned order. He submitted that the action of the respondents of rejecting the application of the petitioner was violative of Article 14 of the Constitution of India.