The Supreme Court in the case Delhi Jal Board vs Nirmala Devi observed and stated that the qualification prevailing on the date of applying for compassionate appointment is to be considered and not the date on which the application made for compassionate appointment is considered.
In the present case, it had been directed by the Central Administrative Tribunal to the Delhi Jal Board for considering the candidature of an applicant for the post of Lower Division Clerk (LDC). The writ petition filled by the Board was dismissed by the High Court of Delhi, wherein challenging this order of CAT and therefore it approached the Apex Court.
It was contended before the bench of Apex Court that the subsequent acquiring of the qualification for the post of LDC cannot be considered and the said qualification prevailing when the application for compassionate appointment was made and the same is required to be considered. On the other hand, it was contended by the respondent that the relevant date for considering the educational qualification shall be the date on which the application for compassionate appointment was considered and not the date on which the application for compassionate appointment was being made.
Further, the court noted that when the application for compassionate appointment was made, she was not graduate and the requisite qualification for appointment on the post of LDC was Graduation.
While allowing the appeal, the bench observed that once the application for compassionate appointment is made, the qualification which the applicant possess on the date of application is to be considered. Thus, the submissions made on behalf of the respondent that for compassionate appointments, only the bar with respect to age shall be applicable and not with respect to educational qualification cannot be accepted. However, the compassionate appointment is required to be made on the post considering the educational qualification of the applicant on the date of application/dependant of the deceased employee. While considering the facts and circumstances of the case, it is rightly appointed by the department that the respondent’s daughter on the post of Assistant Meter Reader considering her qualification at the time of making the application for the compassionate appointment.
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