Mamta K. Sharma & Anr. vs Sahitya Kala Parishad & Ors.
2013 Latest Caselaw 3786 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         W.P.(C) No. 3128/2012
%                                                         27th August, 2013


MAMTA K. SHARMA & ANR.                                    ......Petitioners

                          Through:       Mr. Ashok Kumar Sharma, Adv.


                          VERSUS

SAHITYA KALA PARISHAD & ORS.                              ...... Respondents

                          Through:       Mr. Vibhav Misra, Adv. for Ms.
                                         Avnish Ahlawat, Adv. for R-1.



CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?


VALMIKI J. MEHTA, J (ORAL)

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.

WPC 3128/2012                                                                 Page 1 of 3
 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.




WPC 3128/2012                                                                 Page 2 of 3
 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. 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.




AUGUST 27, 2013                                VALMIKI J. MEHTA, J.

ib