DEV RANI SHARMA Vs. M C D

JUDGEMENT

(1.) .Petitioner-Smt.Dev Rani Sharma, widow of late Sh.D.D.Sharma, assails the order dated 30.10.1998, terminating her services. She seeks reinstatement into services with retrospective effect and all consequential benefits, such as arrears of pay allowance, seniority, further promotion etc.

(2.) .Petitioner's husband late Sh.D.D.Sharma, who was employed as Upper Divisional Clerk (UDC) in the Health Department of Municipal Corporation of Delhi, expired on 29.3.1995, leaving behind the petitioner with School and College going children. Petitioner sought compassionate appointment. In the event, petitioner was offered the post of Craft Teacher on compassionate grounds by the Labour Welfare Department-respondent No.3 of the MCD. The offer is contained in letter No.4345/IND/MC/95 dated 28.8.1995. The post of the Craft Teacher was in the scale of Rs.1200-2040 plus allowances. A condition relevant for this writ petition is condition No.13, which reads as follows:-

(3.) .Petitioner vide her letter dated 20.6.1996 informed the Additional Labour Welfare Officer that being the sole bread earner and due to other domestic compulsions, it was difficult for her to do the Course as the same entailed her remaining continuously absent from duty. Petitioner requested for being placed in the post of a Centre Attendant, which was in the same scale. Petitioner reiterated her request in November, 1996. Petitioner vide her letter dated 10.4.1997, informed the Additional Commissioner (Labour), that for two years regular course of diploma, she would be left without any source of income. Further, on account of being about 40 years old, it was not possible to get admission in a Government Institution for the Course. She requested for an official communication to be addressed for relaxation of age. Petitioner also reiterated her request for change in cadre from Craft Teacher to Centre Attendant. She notified respondents that it was not possible for her to take leave for two years without pay, being the sole bread earner. Besides, study leave for two years could not be granted.