Central Administrative Tribunal - Delhi
Rita Devi vs Govt. Of Nctd on 10 November, 2022
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Item No. 8 (C-3) OA No. 1028/2017
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH: NEW DELHI
O.A. No. 1028/2017
This the 10th day of November, 2022
Hon'ble Mr. Ashish Kalia, Member (J)
Smt. Rita Devi W/o. Late Sh. Pramod Kumar
R/o. P-185, 1st Floor, BZ, Sarojini Nagar,
New Delhi - 110 023. ...Applicant
(By Advocate : Mr. Arun Sharma)
Versus
Government of NCT Delhi
Through its : Secretary/Director
Centralized Accident and Trauma Services
(CATS), 2nd Floor, DDA Community Centre,
Tank Road, Karol Bagh,
New Delhi - 110 005 ....Respondent
(By Advocate : Mr. Amit Yadav with Ms. Monika Bhargava)
ORDER (ORAL)
Hon'ble Mr. Ashish Kalia, Member (J) The present OA has been filed by the applicant seeking the following reliefs :-
"(i). Issue a writ of appropriate nature and thereby directed the respondent to consider the petitioner for the compassionate appointment in lieu of the death of the husband of the petitioner, in the interest of justice;2
Item No. 8 (C-3) OA No. 1028/2017
AND
(ii) Direct the respondents to consider the said appointment of the petitioner from the very first date of her application and further the petitioner be deemed in service of the respondent and thereby clear the arrears in the regard, in the interest of justice"
2. The brief facts of the case are that the applicant is seeking compassionate appointment after the death of her husband who expired on 31.12.2011 and was posted as Assistant Ambulance Officer. It is stated by learned counsel for the applicant that several times she approached the respondents seeking compassionate appointment but the respondents have not taken any action for her appointment. Aggrieved by this, the applicant preferred a representation dated 23.07.2012 to the respondents seeking compassionate appointment. However, till date the respondents have not taken any decision on her representation. Hence, this OA.
3. Notices were issued to the respondents who filed short counter affidavit stating that in addition to the applicant, seven other candidates have also applied for appointment on compassionate grounds. The respondents have 3 Item No. 8 (C-3) OA No. 1028/2017 annexed annexure R/1 colly. letters dated 14.08.2016 and 07.10.2016 vide which the applicant was asked to provide certain information along with documentary proofs to be placed before a Committee constituted for this purpose. It is further stated that vide its report dated 28.07.2016 of the committee, certain shortcomings in the application of the applicant were observed which were communicated to the applicant but the applicant did not respond to the same. However, the applicant later visited the respondents intimating the change in her address, pursuant to which, a reminder letter was sent to the applicant again asking to submit the information sought along with documentary proof. Learned counsel for the respondents submitted that the documents and information provided by the applicant are under process of verification and the same shall be placed before the said Committee for consideration. Hence, prayed for dismissal of the O.A
4. Rejoinder has also been filed by the applicant reiterating the facts of the case.
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Item No. 8 (C-3) OA No. 1028/2017
5. Heard learned counsel for the parties as well as gone through the records and appreciated the legal position.
6. A short question raised by the applicant in the present OA is whether she is entitled for compassionate appointment or not? And her case has not been considered by the competent authority.
7. In this view of the matter, at this stage, I deem it fit and proper to direct the applicant to make a detailed representation to the appropriate authority of the respondent-department, within two weeks narrating therein all the facts and circumstances of her case, from the date of receipt of a certified copy of this order. Pursuant to the receipt of such representation from the applicant, the respondent-department shall decide the same as expeditiously as possible and preferably, within a period of 4 months thereafter.
8. With the above directions, the OA stands disposed of. There shall be no order as to costs.
(Ashish Kalia) Member (J) /Mbt/