SECRETARY (SERVICES) AND ANR. Vs. ALPANA SINGH

JUDGEMENT

(1.) THIS is rather strange case of the Respondent being admittedly deserving of an appointment on compassionate grounds being driven to four rounds of litigation and yet not getting an appointment letter. The ostensible ground of denial is that even though the Respondent is qualified to be appointed as a Trained Graduate Teacher (TGT) she cannot be appointed as a Lower Division Clerk (LDC). This is because of bureaucratic delays which, in our opinion, cannot be used to deny a deserving person of appointment on compassionate grounds.

(2.) THE husband of the Respondent, late Shri Ashok Kumar died on 4th September, 1997 in a road accident while posted as TGT at the Senior Secondary Rajkiya Vidyalaya, Kalyanvas, Delhi leaving behind his mother, daughter and his widow, the Respondent herein.

(3.) IT is the case of the Petitioner herein that compassionate appointments are made only at the class D. or class C. level and that TGT being at the class B. level, the Screening Committee recommended the Respondent's case for appointment as Assistant Teacher and not as TGT. However, the said recommendation of the Screening Committee was turned down by the Deputy Secretary (Services) stating that the Respondent does not possess the necessary qualification that is two years JBT/ETE certificate/diploma of B. Ed./ B. El. Ed. from a recognized institute/university, for the post of Assistant Teacher (Primary). The Respondent represented against this but to no avail.