Full Text
HIGH COURT OF DELHI
Date of Decision: 27.11.2019
DELHI SIKH GURDWARA MANAGEMENT & ANR..... Petitioners
Through: Mr. A.P.S. Ahluwalia, Sr. Adv. with Mr. Avinash Mishra, Mr. S.S.
Ahluwalia & Mr. Mohit Bangwal, Advs.
Through: Mr. Anuj Aggarwal, ASC, GNCTD with Mr. Ankit Monga, Adv. for R-2
& 3.
HON'BLE MR. JUSTICE C.HARI SHANKAR D.N. PATEL, CHIEF JUSTICE (Oral)
JUDGMENT
1. This writ petition has been preferred with the following prayers:- “1. directing the Respondents to file status report regarding the entire claims received by them under the Circular dated 16.1.2006 on the Issue of recruitment/employment for the family of the 1984 riot victims and the status of the said claims with reasons for rejections/pendency of the said claims,
2. direct that the entire claims of all the persons belonging to the 1984 riot victims' families be decided in a time frame manner under the supervision of this Hon'ble Court,
3. direct that all the notional benefits of the said employment may be disbursed from the date of the lapse of the date as per 2019:DHC:6436-DB the schedule given in the Circular dated 16.1.2006,
4. Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case.”
2. Learned Senior Counsel appearing for the petitioners submitted that in pursuance of the circular issued by the respondents dated 16.01.2006, which is at Annexure P-2 to the memo of this writ petition, the said circular prescribes certain criteria for giving employment to the children/family members of those who died in the 1984 Sikh riots and therefore a suitable direction be given to the respondents to follow the circular dated 16.01.2006 (Annexure P-2) and in accordance with rules, regulations, the employment may be given to the children/family members of those who died in 1984 Sikh riots. The list of such victims who are awaiting recruitment as per petitioner is given at Annexure P-9 to the memo of this writ petition and they are 1115 in number.
3. Learned counsel appearing for the respondents No.2 and 3 submitted that they will follow their circular dated 16.01.2006 (Annexure P-2) and if any children/family members of those who died in 1984 Sikh riots is found fulfilling the criteria of the circular, the employment will be given to them.
4. Learned counsel appearing for the respondents No.2 and 3 further submitted that they have scrutinized the applications of the children/family members of those who died in 1984 Sikh riots and 63 persons out of them have been found eligible for the employment and the same will be given in seriatim as per the requirements of the respondents.
5. In view of the aforesaid submissions and looking to the circular dated 16.01.2006 (Annexure P-2), we hereby direct the respondents No.2 and 3 to follow their own circular dated 16.01.2006 in accordance with law, rules, regulations and Government policy. Employment will be given to the children/family members of the persons who died in 1984 Sikh riots, after proper verification of the applicants and on the basis of the evidences on record. In case employment is denied by the Government, a speaking order shall be passed by the respondents elaborating the reasons as to why the claim of such applicant is not covered by circular dated 16.01.2006 or by rules, regulations and Government policy applicable to the facts of the case. If the list for giving employment is already prepared by the respondents, after proper scrutiny, the list will be implemented in seriatim, as per the requirements of the respondents.
6. With these observations, this writ petition is hereby disposed of.
CHIEF JUSTICE C.HARI SHANKAR, J NOVEMBER 27, 2019 kks