In a recent legal case, the court delves into the debate between qualifications at the time of application and consideration for compassionate appointments. The court’s analysis sheds light on the crucial factors that determine eligibility for such appointments. Let’s explore this nuanced legal aspect in detail.
Facts
- The Delhi Jal Board appealed against the High Court’s dismissal of their writ petition.
- The High Court upheld the Central Administrative Tribunal’s decision to consider the respondent’s candidature for the post of Lower Division Clerk.
- The Tribunal’s order directed the Delhi Jal Board to appoint the respondent’s daughter to the LDC position.
- Respondent’s daughter acquired graduation qualification by 2012, the time of consideration for compassionate appointment.
- Respondent’s daughter was appointed as Assistant Meter Reader in 2012 based on her qualification at the time of application in 2010.
- Respondent applied for compassionate appointment for the post of LDC for her daughter.
- Respondent claimed her daughter should have been appointed on the post of LDC as she was eligible.
- Respondent filed Original Application No 1420/2017 at the Tribunal seeking appointment of her daughter on the post of LDC.
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Arguments
- Respondent applied for compassionate appointment for the post of LDC when her daughter was not a graduate at the time.
- The time limit for compassionate appointments was five years.
- Daughter acquired necessary qualification for LDC post within five years.
- Policy states only age bar, not educational qualification, applies for compassionate appointments.
- Appellant argues that only qualifications at the time of application should be considered, which was graduation for LDC post.
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Analysis
- The qualification prevailing on the date of applying for compassionate appointment is to be considered, not the date on which the application is considered.
- The respondent’s daughter was not eligible for appointment as an LDC when the application for compassionate appointment was made as she did not have the required graduation qualification at that time.
- The relevant date for considering educational qualification is the date on which the application for compassionate appointment was considered.
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Decision
- The department appointed the respondent’s daughter as Assistant Meter Reader based on her qualifications at the time of application for compassionate appointment.
- The judgments of the High Court and Central Administrative Tribunal directing consideration of the daughter for the post of LDC are quashed.
- Original Application No 1420/2017 for the daughter’s appointment as LDC is dismissed.
- Compassionate appointment must consider the applicant’s qualifications at the time of application.
- The appeal is allowed with no costs.
Case Title: DELHI JAL BOARD Vs. NIRMALA DEVI (2022 INSC 1116)
Case Number: C.A. No.-007047-007047 / 2022
