Santosh vs Ministry Of Urban Development And Anr

Heard both the learned counsel for some time.

At the outset, learned counsel for the applicant, Shri Mahesh Srivastava argued that the respondents have admitted that the applicant scored 95 weigtage point. However, though his case was considered for forthcoming vacancies, he was not selected for the post of Beldar on compassionate appointment. The learned counsel drew my attention to the criteria to be adopted for selection on compassionate appointment and stated that the respondents have neither mentioned the cut off weightage point nor followed the selection criteria.

Per contra, learned counsel for the respondents, Mrs. Avinash Kaur stated that the applicant has not given the details of her movable and immovable property. She also emphasised that necessary parameters for selection of compassionate appointment have been duly adhered to by the respondents - but the applicant could not be granted appointment since his relative merit, vis-a-vis, other candidates was low.

On going through the facts, I feel that the applicant has a right to know as to what was the cut off weigtage point in respect of the selected candidates.

The husband of the applicant had put in 20 years of service at the time of his death and left behind five family members of which three sons were minor and two major sons were unemployed leaving them in a state of penury. I also find that the applicant has clearly stated in the OA that she does not have any residential house in her name and the financial status of the applicant is also available at Annexure 'K'.

In view of the aforesaid facts the respondents are directed to reconsider the claim of the applicant for compassionate appointment and any missing details regarding property etc. may be obtained and weightage points be computed accordingly. The exercise must be completed expeditiously. The case of the applicant should be taken up for consideration under compassionate quota at the time when the vacancies arise. OA allowed. No costs.