Rohit Kumar v. Union of India & Anr.

1. The matter has been heard by way of video conferencing. W.P.(C) No.1413/2022

2. Present writ petition has been filed challenging the order dated 02nd September 2021 passed by the Respondent No.2 whereby the Petitioner’s request for compassionate appointment was rejected. Petitioner also seeks a direction to the Respondents to consider the Petitioner for compassionate appointment arising from the demise of his father, who was serving the 2022:DHC:309-DB W.P.(C) 1413/2022 Respondent No. l-CISF as a Head Constable.

3. Learned counsel for the Petitioner contends that even though the Petitioner is eligible for compassionate appointment as per the extant provisions of “Scheme for Compassionate Appointment under Central Government” issued vide DoP&T OM dated 09th October 1998 and the amended OM dated 30th May 2013, yet the Respondents vide the nonreasoned impugned order dated 02nd

4. A perusal of the impugned order reveals that it does not specify as to which DoP&T guidelines are not fulfilled in the present case. Consequently, the impugned order dated 02 September 2021, rejected the Petitioner’s request for compassionate appointment. nd

5. Accordingly, the Respondent No.2 is directed to treat the present writ petition as a representation of the Petitioner and decide the same way of a reasoned order in accordance with law, within eight weeks. With the aforesaid direction, the present writ petition is disposed of. This Court clarifies that it has not commented on the merits of the controversy. The rights and contentions of all the parties are left open. September, 2021 is set aside on the grounds that it is cryptic and vague. MANMOHAN, J NAVIN CHAWLA, J JANUARY 24, 2022 KA