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2013 DIGILAW 1616 (DEL)

Mamta K. Sharma v. Sahitya Kala Parishad

2013-08-27

VALMIKI J.MEHTA

body2013
JUDGMENT : Valmiki J.Mehta, J. 1. Two reliefs are claimed in this writ petition which is filed by the widow and minor daughter of the deceased Sh. Raj Kumar Sharma, who was working with the respondent no.1-Sahitya Kala Parishad. First relief is claimed for compassionate appointment and second relief is claimed for entitlement to the monetary benefits which were payable for the services of Sh. Raj Kumar Sharma with the respondent no.1. 2. On the aspect of compassionate appointment, there is for the present complete ambiguity in the records of this Court as to what are the relevant rules or the policies for compassionate appointment, how the petitioner no.1 satisfies those requirements, and if at all vacancies exist in the designated quota for the petitioner no.1 to be appointed. Accordingly, it is agreed and the writ petition qua this relief is disposed of with the direction that respondent no.1 will send to the counsel for the petitioner within a period of four weeks from today the relevant rules and the policies as per which compassionate appointment has to be granted, what are the requirements which the petitioner no.1 must satisfy so that petitioner no.1 will apply within a period of four weeks thereafter for compassionate appointment to the respondent no.1. If petitioner no.1 satisfies the requirement of the rules/policies for compassionate appointment and there are vacancies available in the designated quota for compassionate appointment, then in such circumstances, respondent no.1 will proceed to dispose of the application of the petitioner no.1 for compassionate appointment in accordance with the rules and policies of the respondent no.1. 3. So far as the second relief of monetary benefits is concerned, the record shows that there are considerable disputes between the petitioners on the one hand and the family of the late husband of the petitioner no.1 on the other hand. I do not want to set out the same in detail herein inasmuch as it may prejudice one or other of the parties. Since once disputes exist and therefore, only a final decision of a competent civil court will decide the issue of representation and entitlement to the estate of late Sh. I do not want to set out the same in detail herein inasmuch as it may prejudice one or other of the parties. Since once disputes exist and therefore, only a final decision of a competent civil court will decide the issue of representation and entitlement to the estate of late Sh. Raj Kumar Sharma, it is agreed and accordingly the writ petition is disposed of with the direction that respondent no.1 will make necessary payments to the petitioners in case the petitioners show any final court order by which they are held entitled to the estate of deceased Raj Kumar Sharma. 4. The writ petition is accordingly disposed of in terms of the aforesaid observations. Parties are left to bear their own costs.