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: Supreme Court

Synopsis:

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.

Case Summary:

• Delhi Jal Board preferred appeal against the order of Delhi High Court (earlier Central Administrative Tribunal confirmed the Order) in which appointment of Nirmala Devi for the post of Lower Division Clerk (Respondent) was directed.
• In this case respondent had applied for compassionate appointment of her daughter as Lower Division Clerk in the Delhi Jal Board (Appellant).
• Earlier, The Tribunal accepted the same and directed the appellant –Delhi Jal Board to appoint the respondent’s daughter on the post of LDC (order dated 03.05.2019).

Counsel for Appellant:

• Learned counsel appearing on behalf of the appellant submitted that qualification for the post of LDC was Graduation. It is submitted that admittedly when the respondent applied for appointment on compassionate grounds for the post of LDC, i.e., 23.03.2010, her daughter was not graduate and therefore she was not having the requisite qualification for the post of LDC.
• It is submitted that subsequent acquiring of the qualification for the post of LDC cannot be considered and the qualification prevailing when the application for compassionate appointment was made is required to be considered. It is submitted that therefore both, the Tribunal and the High Court have committed a very serious error in directing the appellant to appoint respondent’s daughter on the post of LDC.

Counsel for Respondent:

• That the time limit for making appointment on compassionate grounds was five years. Therefore, when the respondent’s daughter acquired the requisite qualification for the post of the LDC within five years, she ought to have been appointed on the post of LDC, considering acquisition of the graduation qualification within five years.
• That as per the Policy for compassionate appointments, while considering the appointment on compassionate grounds, only bar with respect to age shall be applicable and not with respect to educational qualification. In support of above, reliance is placed on clause 6 (A & B) of the Policy which provides for Exemptions and Relaxations, while making compassionate appointments; and
• That the relevant date for considering the educational qualification shall be the date on which the application for compassionate appointment was considered and not the date on which the application for compassionate appointment was made.

Hon’ble Supreme Court observed that it is settle position of law the qualification prevailing on the date of applying for compassionate appointment is to be considered and not the date on which the application for compassionate appointment is considered.

Further, 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.

It was held that 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.

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL N0. 7047 OF 2022

(Arising from S.L.P.(Civil) No. 20935/2021)

Case: Delhi Jal Board …Appellant Vs. Nirmala Devi …Respondent