Hari Lal vs The General Manager, Delhi ...
1993 Latest Caselaw 566 Del

JUDGMENT

D.P. Wadhwa, J.

(1) The petitioner seeks employment on compassionate ground on account of death of his father who was in the employment of the respondent. In that connection he seeks a writ of mandamus.

(2) Father of the petitioner died on 10 April 1989 while in the employment of the respondent Delhi Electric Supply Undertaking leaving behind his wife and his son, who is petitioner before us, as his legal heirs. The family pension is Rs. 1,054.00 per month and as per the policy applicable after 31 July 1989 the petitioner would be entitled to employment on compassionate grounds. Earlier the policy was that when the family income was Rs. 1,100.00 including pension payable, the employment would be given on compassionate grounds. As per the new policy the family pension is to be excluded in arriving at the income earned by the family. The petitioner is employed as a daily wager and in the present case his income from that job has been taken to deny him the employment on compassionate grounds as per policy. The respondent admits that the petitioner is employed on daily wages basis. But then when we refer to the policy regarding employment on compassionate grounds it is mentioned that for purpose of calculating the income only regular income is to be taken into consideration and income from casual work on part time basis/daily wages etc. is not to be taken into account. Respondent, therefore, erred in considering the income of the petitioner which he is getting as daily wages to earn his livelihood. The petitioner falls within the policy and, therefore, is entitled to employment.

(3) Accordingly, the-petition is allowed. A mandamus is issued to the respondent to employ the petitioner as per the policy presently applicable on compassionate grounds. Rule is made absolute. No order as to costs.