Chaman Lal vs Delhi Development Authority

The applicant has claimed the following reliefs in the OA:

"(a) Set aside/quashing the order of the Respondent dated 19.1.2015 bearing No. F. 3(12)09/PB/V/DDA/46.

(b) direct the respondent to consider the case of the applicant under the scheme of appointment on compassionate ground.

(c) pass any such order which deems fit and proper in view of this Hon'ble Tribunal."

The applicant had approached this Tribunal earlier through OA No. 3890/2013 which was disposed of by this Tribunal on 31.10.2014 as under:

"5. In the circumstances, the impugned order is quashed. Respondent - Delhi Development Authority is directed to pass a fresh order giving reasons for declining the claim of the applicant for employment on compassionate appointment within a period of four weeks from the date of receipt of a copy of this Order.

Original Application stands disposed of. No costs."

Subsequent to the order passed by this Tribunal, DDA passed an order dated 19.01.2015. In the present OA, the applicant has challenged this order, particularly for the reason that the respondents did not take into account the suffering of the family.

It has been claimed by the applicant that he along with his mother made repeated visits to the respondents office regarding compassionate appointment. On record in this OA is an application dated 10.12.2008 (Annexure A-4). The applicant has also placed on record on 25.09.2017 an application dated 12.06.2006.

The respondents in their reply have averred that the applicant's case is not covered by the policy guidelines and hence his application was rejected. They have submitted that in compliance of the order of this Tribunal in OA No. 3890/2013 dated 31.10.2014 the competent authority has issued a speaking order dated 19.01.2015.

Rejoinder affidavit has been filed on behalf of the applicant dated 06.05.2016.

I have gone through the order passed in pursuance of the order passed by this Tribunal in OA No. 3890/2013. The relevant part of the same reads as under:

" In this regard it is intimated that your request for compassionate appointment was examined by the competent authority and it was held that your case is not covered under the DDA's policy guidelines on the subject matter under Para-II, which is reproduced as under:

"Son/Daughter/Widow of the DDA employees are eligible to be appointed on Compassionate ground in the circumstances in which such appointments are permissible. Where the widow cannot take up employment and the son/daughter becomes major i.e. attains the age of 18 years, subject to time (say like 5 years or so.)" According to the above policy guidelines, you had to apply for compassionate appointment by 04.02.2007 i.e. within 5 years from the death of your father, whereas you had applied for the same on 22.01.2009. Since there was a delay of approx. 2 years in submitted your request for compassionate appointment, your application was rightly rejected by the competent authority as per provisions of the above mentioned policy guidelines."

The reason that has been given in the order relates to the circumstance where the widow is not able to take the appointment and the son/daughter has not become major, i.e., attained the age of eighteen years. In the present case the applicant has mentioned his age to be 35 years in the OA filed in year 2015 which means that the applicant had attained the age of 18 years at the time of his father's death in 2002. This is admitted by both sides. Since the order dated 19.01.2015 relates to the part of the policy guidelines which are totally extraneous to the facts of the case it cannot be called a speaking order and therefore deserves to be set aside.

The order of the respondents dated 19.01.2015 not being a speaking order as directed by this Tribunal vide order dated 31.10.2014 passed in OA No. 3890/2013 is hereby set aside. They are directed to consider afresh the case of the applicant for compassionate appointment as per law after taking into account the documents placed on record regarding submission of applications as mentioned above and any other relevant documents and pass a speaking and reasoned order within two months from the date of receipt of a certified copy of this order.

The OA is accordingly disposed of. No order as to costs.