ARIF ALI Vs. DELHI JAL BOARD

JUDGEMENT

(1.) By way of the present petition, the petitioner has sought issuance of a writ of mandamus to the respondent, Delhi Jal Board (DJB), thereby directing it to provide employment to the petitioner on compassionate grounds.

(2.) Briefly stated, facts of the case are that the father of the petitioner was working with the respondent DJB as a Beldar and his retirement was due on 31st March, 2007. He, however, expired on 30th October, 2001, during the course of his employment, leaving behind his wife, five sons including the petitioner, and two daughters. Thereafter the mother of the petitioner made a request to the respondent DJB to consider the petitioner for being offered employment on compassionate grounds. Vide order dated 23rd September, 2002, the respondent DJB called the petitioner for an interview on 9th October, 2002, for which the petitioner duly appeared. On 25th September, 2003, the respondent DJB, rejected the request of the petitioner for appointment on compassionate basis on the grounds that the father of the petitioner was nearing retirement, the petitioner was employed, the two elder brothers of the petitioner were doing private jobs, and that sufficient terminal dues had been received by the family. Aggrieved by the aforesaid order of rejection, the petitioner has filed the present writ petition.

(3.) Learned counsel for the petitioner contended that the grounds for refusing compassionate appointment to the petitioner were arbitrary. It was submitted that one of the grounds given for rejecting the representation of the petitioner, that his father was nearing retirement, was misconceived in view of the fact that while his father died in the year 2001, he was due for retirement only in the year 2007.