Decided on August 20,2007

MCD Respondents


HIMA KOHLI, J. - (1.) By way of the present petition, the petitioner has sought issuance of a writ in the nature of mandamus to the respondent, Municipal Corporation of Delhi (MCD), directing it to consider the case of the petitioner for being appointed on compassionate grounds, and upon consideration of the same, to grant him such an appointment.
(2.) Briefly narrated, the facts of the case are that the father of the petitioner who was working as a Mali with the Horticulture Department of the respondent MCD, died in harness on 30th December, 1999, leaving behind his wife, a son, that is the petitioner herein, and a daughter (who has since expired). On 22nd April, 2003, the petitioner along with his mother and sister received the terminal dues of his father, pursuant to a succession certificate issued by the Civil Judge, Aligarh, wherein the petitioner was declared as the legal heir of the deceased workman and he was held entitled to receive one third of the terminal dues of his father. In the year 2005, after about five years from the date of death of his father, the petitioner submitted an application to the respondent MCD for being appointed on compassionate grounds. In response to the said application, the respondent MCD, vide its letter dated 17th February, 2006, directed the petitioner to produce his financial status report duly certified either from a Gram Pradhan or an M.L.A., which was submitted by the petitioner to the respondent M.C.D. along with the other relevant documents on 5th April, 2006. However, by order dated 31st May, 2006, the Competent Authority of the respondent MCD refused to condone the delay in submitting the application on the ground that condonation of such a huge delay goes against the very spirit of immediate assistance visualized under the philosophy of compassionate appointment. Aggrieved by the said rejection of his application by the respondent MCD, the petitioner has approached this Court.
(3.) Learned counsel for the petitioner submitted that the case of the petitioner is fit to be considered for appointment on compassionate grounds since he belongs to the OBC category and lives with his mother in a rented accommodation. It was also stated that since the petitioner did not have any independent source of income, it is very difficult for him to support himself and his mother. The delay in applying to MCD for seeking an appointment on compassionate grounds was sought to be explained by stating that at the time of the death of his father, the petitioner was 14 years of age and upon attaining majority he applied for and obtained a succession certificate in his favour in the year 2003, and two years thereafter, he applied to the MCD when his mother and sister gave no objection certificates in his favour.;

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