Rohit Kumar vs Union Of India & Anr. on 24 January, 2022

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Delhi High Court

Rohit Kumar vs Union Of India & Anr. on 24 January, 2022

Bench: Manmohan, Navin Chawla

                          $~81
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(C) 1413/2022
                                 ROHIT KUMAR                                                  ..... Petitioner
                                                    Through      Mr.Naushad Alam, Advocate.

                                                    versus

                                 UNION OF INDIA & ANR.                               ..... Respondents
                                               Through           Mr.Vijay Joshi with Ms.Sahaj Garg,
                                                                 Advocates.

                          %                                      Date of Decision: 24th January, 2022

                                 CORAM:
                                 HON'BLE MR. JUSTICE MANMOHAN
                                 HON'BLE MR. JUSTICE NAVIN CHAWLA

                                                       JUDGMENT

MANMOHAN, J (ORAL) C.M.No.4092/2022 Exemption allowed, subject to all just exceptions. Accordingly, the application stands disposed of.

W.P.(C) No.1413/2022

1. The matter has been heard by way of video conferencing.

2. Present writ petition has been filed challenging the order dated 02nd September 2021 passed by the Respondent No.2 whereby the Petitioner's request for compassionate appointment was rejected. Petitioner also seeks a direction to the Respondents to consider the Petitioner for compassionate appointment arising from the demise of his father, who was serving the Signature Not Verified Digitally Signed By:KRISHNA BHOJ W.P.(C) 1413/2022 Page 1 of 2 Signing Date:26.01.2022 16:51:35 Respondent No. l-CISF as a Head Constable.

3. Learned counsel for the Petitioner contends that even though the Petitioner is eligible for compassionate appointment as per the extant provisions of "Scheme for Compassionate Appointment under Central Government" issued vide DoP&T OM dated 09th October 1998 and the amended OM dated 30th May 2013, yet the Respondents vide the non- reasoned impugned order dated 02nd September 2021, rejected the Petitioner's request for compassionate appointment.

4. A perusal of the impugned order reveals that it does not specify as to which DoP&T guidelines are not fulfilled in the present case. Consequently, the impugned order dated 02nd September, 2021 is set aside on the grounds that it is cryptic and vague.

5. Accordingly, the Respondent No.2 is directed to treat the present writ petition as a representation of the Petitioner and decide the same way of a reasoned order in accordance with law, within eight weeks. With the aforesaid direction, the present writ petition is disposed of. This Court clarifies that it has not commented on the merits of the controversy. The rights and contentions of all the parties are left open.

MANMOHAN, J NAVIN CHAWLA, J JANUARY 24, 2022 KA Signature Not Verified Digitally Signed By:KRISHNA BHOJ W.P.(C) 1413/2022 Page 2 of 2 Signing Date:26.01.2022 16:51:35

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