The Delhi High Court dismissed the Delhi Police’s plea challenging the Central Administrative Tribunal’s orders directing reconsideration of a compassionate appointment for a 75% physically disabled Scheduled Caste candidate whose father, a Multi-Tasking Staff (MTS) employee, had died in service.
A Division Bench comprising Justice Navin Chawla and Justice Madhu Jain upheld the Tribunal’s finding that the Delhi Police’s repeated rejection of the applicant’s case citing “non-availability of vacancy” and low merit scores was arbitrary and devoid of compassion, defeating the very spirit of the scheme.
The Court strongly invoked the Rights of Persons with Disabilities Act, 2016, observing that “reasonable accommodation” is not a discretionary measure but a fundamental right integral to equality and dignity under Article 21. It criticised the authorities for ignoring the applicant’s dual marginalisation both as a person with a severe disability and as a member of the SC community and for failing to assess his case with sensitivity and inclusion.
The Court emphasised that compassionate appointments are meant to alleviate financial distress and must be evaluated fairly within the framework of equity and reasonable accommodation.
The Court further directed the Screening Committee to reconsider the applicant’s case for compassionate appointment within eight weeks, affirming that bureaucratic rigidity cannot override constitutional compassion.
Appearances:
Petitioners: Mr. Akash Chatterjee, SPC along with SI Rajesh.
