VIRENDER SINGH Vs. MCD

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner praying inter alias for directions to the respondent to appoint the petitioner on compassionate ground.

(2.) THE case of the petitioner is that father of the petitioner was made to retire on medical ground by the respondent/MCD on 03 -09 -90. Thereafter, pension was being paid to the wife of the deceased employee and the mother of the petitioner, namely, Smt. Kela Devi. The mother of the petitioner expired on 04 -02 -03. At the time of the death of father of the petitioner, the petitioner was aged 13 years. On 03 -03 -05, the petitioner applied to the respondent/MCD for being appointed on compassionate ground. It is stated that vide order dated 09 -03 -07 the MCD erroneously rejected the request of the petitioner for being appointed on compassionate ground. The reason stated in the rejection letter is that the case of the petitioner did not come under the rules.

(3.) IN several cases the courts have had an occasion to examine cases where at the time of the death of the employee, the children of such deceased employees were minors, and even though compassionate appointment was offered to the widow of the deceased, but the option of appointment is sought to be availed by such minor children on attaining the age of majority. In these circumstances, it has been observed that such applications were made not with the object of enabling the family to tide over the sudden crisis, but the purpose was to obtain employment out of turn, on compassionate basis for the applicant, which would ensure to him benefit for the whole of his life. It has been held that this is beyond the scope of Article 16 of the Constitution and cannot constitute a reasonable and intelligible differentia. Following judgments may be referred to in this regard: (i) Rajender Poddar v. State of Bihar and Anr. 1991 LC 959 (ii) MCD v. Veer Mohd. 54 (2001) DLT 746