Rashmi Bhatt v. Secretary Cum Labour Commissioner, Govt NCT Delhi & Anr.

1. Present writ petition has been filed by the Petitioner seeking writ of mandamus to the Respondents to appoint the Petitioner on compassionate ground to the post of UDC-II, pursuant to the letter dated 24.01.2020, issued by Respondent No. 2, as well as to disburse all service benefits of her late husband such as family pension, death gratuity, leave encashment etc. to the Petitioner.

2. Petitioner’s husband late Sh. Dinesh Kumar Bhatt was a Government employee under Respondent No. 1 since 11.05.1989 and worked for a period of about 24 years. On 11.10.2013, he went missing from his office and subsequent thereto, in 2014, Respondent No.1 intimated Respondent No. 2 that late Sh. Dinesh Kumar Bhatt had, in fact, been promoted from Grade-III to Grade-II (DASS). On 03.02.2016, Petitioner filed a missing report of her husband at the concerned Police Station. On 24.01.2020, a letter was issued by Respondent No. 1 with reference to Petitioner’s application dated 09.01.2018, regarding grant of terminal benefits and compassionate appointment, requiring her to furnish certain documents/information for processing the benefits admissible after 7 years, in case of an employee who goes missing.

3. It is the case of the Petitioner that she has already submitted the GPF book of service of her husband, complete in all respects, indicating the amounts deducted/contributed in the GPF account, from the various Departments under Respondent No. 2, where her husband worked, from time to time. All other documents including the Death Certificate of Petitioner’s husband, her Aadhar Card, copies of Birth Certificates of her minor children, educational certificates of the Petitioner, No Dues Certificate from NDPL with electricity bill, photographs of marriage and Driving License of the Petitioner, have also been submitted to the Respondents and yet despite passage of considerable time, Respondents have neither released the benefits due and payable to the Petitioner nor offered compassionate appointment.

4. Learned counsel for the Petitioner submits that Petitioner has no source of livelihood and has two minor children who are school going. Petitioner is finding it difficult to make both ends meet in the absence of the terminal and other benefits, including family pension. Being the widow of an ex-employee of the Respondents, who served the Respondents for nearly 24 years, Petitioner is also entitled to compassionate appointment. In fact, on 24.01.2020, a communication was sent to the Petitioner asking her to submit the requisite documents, so that the case could be processed for release of terminal benefits and compassionate appointment, however, there is total inaction on part of the Respondents.

5. Learned Additional Standing Counsel appearing on behalf of the Respondents submits that this is not an adversarial litigation and Respondents have no objection to granting benefits to the Petitioner, which are due and payable to her, in accordance with law, however, the delay, if any, is on account of the fact that certain formalities remain to be completed at the end of the Petitioner. It is submitted that Petitioner is required to furnish Surviving Member Certificate as well as GPF service book, complete and signed in all respects, only whereafter her case for release of terminal benefits and compassionate appointment can be processed.

6. It is a common ground between the parties that Petitioner has already submitted the Aadhar Card and other requisite documents to the Respondents. Insofar as the service book is concerned, learned Additional Standing Counsel for the Respondents fairly submits that albeit the same is unsigned, however, Respondents shall ensure that the same is signed by the respective Departments, where the late husband of the Petitioner worked, instead of passing the burden to do so on the Petitioner.

7. Petitioner, who is present in person, submits that she will furnish the Surviving Member Certificate as soon as the same is made available to her. On behalf of the Respondents, it is assured that on receipt of the said Certificate, they shall release the monetary benefits due to the Petitioner within four weeks.

8. In view of the aforesaid, it is directed that upon the Petitioner furnishing the Surviving Member Certificate, Respondents shall release the terminal and other benefits due to the Petitioner being the widow of late Sh. Dinesh Kumar Bhatt, within a period of four weeks thereof and will also simultaneously process the case for compassionate appointment, in accordance with law.

9. Writ petition is disposed of along with the pending application, in the aforesaid terms.