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Synopsis

A Bench of Justice M.R. Shah and Justice Krishna Murari, while allowing an appeal, and setting aside the impugned order, was of the opinion that the Tribunal and the High Court have committed a serious error in directing the appellant to appoint the respondent’s daughter on the post of Lower Division Clerk.

In the pertinent case it was submitted that the respondent’s daughter otherwise appointed as an Assistant Meter Reader on the basis of her qualifications sought an appointment for the post of a Lower Division Clerk (LDC) with Delhi Jal Board (the appellant). The respondents claimed that the time limit for making appointment was five years. And since she acquired the requisite qualification (of being a graduate), therefore should have been appointed. While the appellants vehemently objected to the submission saying that the the respondent applied for appointment on compassionate grounds for the post of LDC on 23.03.2010. And that her daughter was not graduate on that date, therefore she did not have the requisite qualification for the post of LDC.

After considering the submissions made by the parties, the Court opined that, "Once the application for compassionate appointment is made, the qualification which the applicant possess on the date of application is to be considered".

The compassionate appointment is required to be made on the post considering the educational qualification of the applicant on the date of application/dependant of the deceased employee. Therefore, in the facts and circumstances of the case, the department rightly appointed the respondent’s daughter on the post of Assistant Meter Reader considering her qualification at the time of making the application for compassionate appointment, Bench further added.

Case Title: Delhi Jal Board vs Nirmala Devi