Delhi High Court
Yudhvir Singh vs Indian Oil Corporation Limited on 11 July, 2013
Author: Valmiki J. Mehta
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) No. 7523/2010
% 11th July, 2013
YUDHVIR SINGH ..... Petitioner
Through: Mr. S.D.Singh, Mr. Jitender Singh and Mr.
Rahul Kumar Singh, Advocates.
versus
INDIAN OIL CORPORATION LIMITED ..... Respondent
Through: Mr. Rajat Navet, Adv.
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL)
1. By this writ petition, the petitioner-Sh. Yudhvir Singh seeks quashing
of the letter dated 28.8.2010 issued by the respondent no.1 denying compassionate
appointment to the petitioner on the ground that Prathma Pariksha certificate of
Hindi Sahitya Sammelan Allahabad obtained by the petitioner is not equivalent to
matriculation from a High School.
2. Parties in the present petition had an earlier round of litigation and the
petitioner succeeded in that litigation being W.P.(C) 125/2010. A learned Single
Judge of this Court vide judgment dated 17.3.2010 allowed the writ petition and
held as not maintainable the defence of the respondent no.1 that compassionate
appointment has to be considered not as per Rules when the employee dies in
harness but the rules which are applicable at the time when the compassionate
appointment is sought. This judgment has become final and respondent no.1 was to
consider compassionate appointment subject to the petitioner having obtained a
matriculation certificate in the extended time given by the respondent no.1 to the
petitioner.
3. Learned counsel for the petitioner has placed reliance on the circular
of the Government of India, Ministry of Human Resource Development dated
26.7.2001, as per which, the Central Government has recognized the Prathama
Examination conducted by Hindi Sahitya Sammelen, Allahabad as equivalent to
matriculation. This circular dated 26.7.2001 which was applicable for three years
was thereafter continued for three years plus three years vide circulars of Ministry
of Human Resource Development dated 14.5.2004 and 21.11.2006. The circulars
dated 26.7.2001 and 21.11.2006 read as under:-
Circular dated 26.7.2001
" New Delhi, the 26th July 2001.
NOTIFICATION(63)
No. F.24-4/2001-TS.III. On the recommendation of the High Level
Committee for recognition of Educational Qualifications, the
Government of India have decided to recognized the Prathama
Examination being conducted by Hindi Sahitya Sammelen, Allahabad
for the purpose of employment under the central Government for the
post for which the desired qualification is a pass in matriculation. The
recognition is provisional for a period of 3 years after which the
committee will review the recognition granted."
Circular dated 21.11.2006
"New Delhi, the 21th November 2006.
NOTIFICATION
No. F.24-4/2001-TS.III. In continuation of this Department's
Notification of even number dated 14.05.2004, the Government of
India, on the recommendations of high level Committee in its meeting
held on 16.10.2006, has decided to extend the provisional recognition
granted to the Prathama Examination being conducted by Hindi
Sahitya Sammelen, Allahabad for the purpose of employment under
the central Government for the post for which the desired qualification
is a pass in matriculation for a further period of 3 years from
27.10.2007 to 26.10.2010, after which the Committee will review the
recognition granted.
Sd/-
(Ravi Mathur)
Joint Secretary to the Government of India
To
The Manager
Government of India Press
Faridabad
No.F.24-4/2001-TS-III
New Delhi, the 21st November,2006
Copy forwarded for information to:
1. All State Governments and Union Territories (Education
Department).
2. All Regional Offices of the Ministry of Human Resource
Development (Department of Higher Education).
3. All Directors of Technical Education.
4. Union Public Service Commission, Dholpur House, Shahjahan
Road, New Delhi.
5. Staff Selection Commission, CGO Complex, Lodhi Road, New
Delhi.
6. All State Public Service Commission.
7. Association of Indian Universities, AIU House, 16, Kotla Marg,
New Delhi-2.
8. DPIO (Ministry of Human Resource Development)Shastri
Bhawan, New Delhi.
9. All Ministries and Departments of Government of India.
10. Chairman, AICTE, IP Estate, New Delhi.
11. Chairman, University Grants Commission, Bahadurshah Zafar
Marg, New Delhi.
12. Chairman, Central Board of Secondary Education, 2
Community Centre, Preet Vihar, New Delhi.
13. Pradhanmantri, Hindi Sahitya Sammelan, Prayag, Sammelen
Marg, Allahabad 211003.
14. Guard file.
Sd/-
(Ravi Mathur)
Joint Secretary to the Government of India"
4. In para-37 of the writ petition, petitioner has made a specific averment
that this circular of the Ministry of Human Resource Development is binding on
the respondent no.1 and in reply to this all that respondent on.1 states is that this is
a matter of record. Therefore, the respondent no.1 does not dispute that the
circulars issued by the Ministry of Human Resource Development dated 26.7.2001
and 21.11.2006 are binding on the respondent no.1. I may note that in fact as per
the endorsements made in the circular dated 21.11.2006, the said circular has been
marked to various bodies including the UPSC, Staff Selection Commission,
Chairman; AICTE, Chairman; UGC and Chairman of Central Board of Secondary
Education thereby showing the acceptance of the Central Government for the
purpose of giving employment of the certificate issued pursuant to the Prathama
Examination conducted by Hindi Sahitya Sammelan, Allahabad and that the same
will be treated as equivalent to matriculation for the purpose of employment.
Whether or not as per law the Prathama Examination of Hindi Sahitya Sammelan is
or is not equal to a matriculation is not the issue and the issue is that for the
purpose of employment this Prathama Examination certificate is theoretically taken
as equivalent to matriculation.
5. In view of the above, since the petitioner has complied with
requirements within the time prescribed by the respondent no.1 and has obtained
the Prathama Examination certificate conducted by Hindi Sahitya Sammelan,
Allahabad, petitioner therefore has the necessary qualification for being granted
compassionate appointment. I may note that the compassionate appointment in
this case is not of an extremely technical post or of a very high post, and the
appointment is only to the post of a peon for which the requirement is only of
matriculation qualification.
6. In view of the above, the writ petition is allowed and respondent no.1
is directed to give compassionate appointment to the petitioner as a peon within a
period of four weeks from today. Parties are left to bear their own costs.
VALMIKI J. MEHTA, J
JULY 11, 2013
ib
