Sushila Kanwar v. University Of Delhi And ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 7961/2019 & CM APPLN. 33033-34/2019 SUSHILA KANWAR ..... Petitioner Through Mr. Jawahar Raja with Ms. Megha Bahl, Advs.

versus UNIVERSITY OF DELHI AND ANR.

..... Respondents Through Mr. Ganesh Khanna with Mr. Santosh Kumar, Advs. for R-1 Mr. Romy Chacko with Mr. Varun Mudgal, Advs. for R-2

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

O R D E R

% 24.07.2019 Vide the present petition, the petitioner seeks mandamus directing the respondents to consider and grant the application of the petitioner for compassionate appointment.

Case of the petitioner is that petitioner's husband died at the age of 39 due to a heart attack on 09.12.2018. He died in harness after two decades of service. He was employed in Class D of employees as Mess Helper at St. Stephen's College, a constituent college of the University of Delhi. He was appointed with effect from 16.03.1999 and confirmed after a year. He was also allotted quarter on college premises in the year 2014. Due to the untimely death of the petitioner's husband, she is facing with a grave financial crisis. Petitioner was completely dependent on her husband for running the household and maintaining herself and her three

minor school-going children and is left without means of support of sustenance due to his sudden demise.

Further the case of the petitioner is that she made three representations to the Principal, St Stephens College but has not received any response. Petitioner is now being threatened with eviction from quarter allotted to her husband in 2014.

Learned counsel appearing on behalf of the college, on advance notice, submits that let this petition be disposed of directing the respondent no. 2 / college to decide the representation. Accordingly, I hereby dispose of the present petition without issuing notice directing the respondent no. 2 / college to take final decision on the aforesaid representations made by the petitioners within four weeks from today.

I further make it clear that if the decision is taken by the college which is not in favour of the petitioner, respondent no. 2 / college is directed not to take coercive steps against the petitioner for eviction from quarter allotted to her husband in the year 2014, at least four weeks thereafter or any direction is issued by the Court, whichever is earlier. I hereby make it clear that if the petitioner is still aggrieved by the decision to be taken by the college, she is at liberty to challenge the same before the appropriate Forum.

In view of above, the petition is disposed of. The pending applications also stand disposed of. Needless to state that the college in question is under University of Delhi. If the university has the compassionate appointment scheme, the college shall decide the case of the petitioner in view of the policy / circular

of the university, if any.

Order Dasti.

SURESH KUMAR KAIT, J JULY 24, 2019 ms