GANESH GOYAL Vs. SECRETARY DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) ONE Om Goyal was employed as Beldar with Delhi Development Authority (in short 'DDA') since 1982. Unfortunately, on July 24, 1992 while still in service, he died. According to his family members, he died in an accident. As per the DDA, he committed suicide. This, however, is not an issue before me. The issue is denial of compassionate appointment to his son Ganesh Goyal. It so happened that three years after the death of Om Goyal, his widow Lakshmi Devi made an application to DDA for compassionate appointment in his place. The same did not find favour with the DDA and accordingly vide communication dated July 26, 1995, she was so informed. She made no grievance of the rejection of her application. However, on April 5, 1999, the demand for compassionate appointment re-surfaced. This time it emanated from Ganesh Goyal, son of deceased Om Goyal. As per him, his father left behind him his wife and three children including him and that the family has been living in a state of penury ever since his death. He moved the application after he had attained the age of majority on the basis that he was IXth pass and was suitable for any class IV job. The DDA, it seems was not inclined to accede to his request. His case, therefore, was taken up by the Municipal Employees Union who sent legal notice to the Secretary, DDA on June 26, 1999. As nothing happened, the Union raised an industrial dispute which was referred to the Industrial Tribunal for adjudication with the following terms of reference: