III. Kindly give Compassionate appointment to Sh.ccc, the applicant no-2, in the cadre of Conductor in DTC. OR
IV. Kindly register the name of Kumari ddd, who is the applicant no-3, as an alternative to Sh. ccc, the applicant no-2, in order to give Compassionate appointment in the cadre of Clerk, or suitable post in DTC. OR
V. The DTC is humbly prayed to take up the matter with other offices including DMRC, to provide at an early date appointment on compassionate grounds to the applicants.
VI. The DMRC is being PRAYED, to take SUO-MOTO action in this letter, with an intention to help a deserving family, at least through the applicant no-3, Kumari ddd.
VII. The DTC is humbly prayed to give a copy of the DTC Board decision, imposing ban on the recruitment on recruitments, in the DTC, with a leave to amend the notice.
VIII. The DTC is humbly prayed to give a copy of the DTC rules and regulations, governing the Compassionate appointments, in the DTC, with a leave to amend the notice.
4.Kindly take NOTICE that, in the event of not giving the relief prayed, my clients will have to file either an Application before the Competent Civil Court or Writ Petition before High Court or Supreme Court. In the event they will have to file such a litigation, you will have to bear their costs and expenditures.
5. That the first applicant is the mother and the 2nd and 3rd applicants are her son and daughter. The first applicant is medically disabled, thus unable to move outside of the house. The third applicant is a student. Thus, the only applicant, who is fit to travel outside is the second applicant, who is Sh.ccc. All are residing in a joint family and dependent upon the family pension being received by the 1st applicant. Thus, the 1st and 3rd applicant do, hereby issue the POWER OF ATTORNEY to AUTHORISE the Second applicant, to do following works, in connection with Compassionate Employment:-
(1) To Affix his sign on all the pages of the legal notice, reminders, postal complaints of non-receipts of AD Cards etc.
(2) To attest the correct true copies of all the annexures, to this notice.
(3) To appear IN PERSON, on behalf of all the three applicants, before the DTC/DMRC and other addressees.
The 1st and 3rd applicants hereby do declare that they will ACCEPT all the actions done, in connection with this work only, by the 2nd applicant, till the completion of the legal proceedings or till this POWER OF ATTORNEY will be withdrawn.
Kindly acknowledge receipt and give reply.
Thanking You.
Yours truly,
Sd/- Advocate.
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Notes by Author continued:-
The short Answer-1, will be followed by a Suit or Writ Petition, with all the documents and details. However, after the amendments to CPC in the year 2002, it will be safe to issue the Notice in the Long Answer-2 format.
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Answer No-2:-
SPEED POST/ Regd Post/ Courier- ACK.DUE.
New Delhi
Date:....
From,
Mr. ABC, Advocate, Enrloment No.xxx, Address:.......
To,
1. The Transport Secretary, Department of Transport, Government of Delhi, Delhi sectt., New Delhi-110002.
2. The Chairman and M.D., DTC Headquarters, IP Estate, New Delhi-110002.
3. The General Manager/ Managing Director, Delhi Metro Rail Corporation, NBCC Place, Pragati Vihar, Bhishma Pitamah Marg, Lodhi Road, New Delhi-110003.
4. The Secretary to Govt. of India, Ministry of Road Transport and Highway, (Peviously Ministry of Surface Transport), Transport Bhawan, 1, Parliament Street, New Delhi-110001.
NOTICE UNDER SECTION 80 CIVIL PROCEDURE CODE TO GET APPOINTMENT ON COMPASSIONATE GROUNDS TO ANY OF THE DEPENDENTS OF LATE SH.aaa, TRAFFIC INSPECTOR TOKEN NO-.... OF THE DELHI TRANSPORT CORPORATION, DATE OF DEPARTURE TO HEAVEN ...... EITHER IN DTC, OR IN DMRC, OR IN ANY OTHER DEPTT. NOTICE IS TO SAY THAT COURT CASES WILL BE FILED IF THE COMPASSIONATE EMPLOYMENT IS NOT GRANTED.
Respected Sirs,
1. As instructed by and on behalf of my three clients, I am writing this NOTICE to you. My clients’ details are as follows:-
(I) Smt.bbb, aged about .... years, W/O Late Sh.aaa, Ex-T.I.T. No....., Address:-
SHE WILL BE REFERRED TO AS Applicant No—1 FOR BREVITY.
(II) Shri ccc, aged about .... years, S/O Late Sh.aaa, Ex-T.I.T. No....., Address:-
HE WILL BE REFERRED TO AS Applicant No—2 FOR BREVITY. in the DTC’s waiting list of Compassionate employment candidates, his number is Clerical Cadre at Sl. No-… and Conductor Cadre at Sl. No-...
(III) Miss ddd, aged about .... years, D/O Late Sh.aaa, Ex-T.I.T. No....., Address:-
SHE WILL BE REFERRED TO AS Applicant No—3 FOR BREVITY.
2. The Delhi Transport Corporation (Abbreviation is DTC) is a Road Transport Corporation established u/s 3 of the Road Transport Corporations Act, 1950; for the whole or any part of the Union Territory of Delhi, with the object of providing efficient, adequate, economical and properly co-ordinated system of road transport services. The Management of DTC is vested in Board of Directors, the Managing Director and the Chairman. The Transport Deptt./Ministry; of the Delhi State Government and Union of India will control DTC. (kindly read the “Statement of objects and reasons” and Sections 3 and 5 of the RTC Act).
3. The Delhi Metro Railway Corporation Limited is a Govt.Joint stock company, incorporated under the Companies Act, 1956; to implement the project of the Govt. Metro Railway, being constructed under the Metro Railways (Construction of Works) Act, 1978, and constituted u/s 3 of the Delhi Metro Railway (Operation and Maintenance) Act, 2002, which is under the control of the General Manager, vide Sec 4 of the DMRC Act. Vide Sec. 14, the UOI’s sanction is necessary to open a metro railway. In the Statement of Objects and Reasons, it is stated that, to meet the inadequacies of the existing surface transport system and the ever increasing demand of the Urban commuter traffic in Delhi, the Delhi Mass Rapid Transit System project was approved by the UOI and the same is now being implemented through Delhi Metro Rail Corporation Ltd.
4. FOR ADMISSION/ DENIAL:- I request, all the addressees jointly and severally, to Admit/ deny the following averments of facts, in order to decide the merits of the grievance of my clients:
4.1. That, DTC and DMRC are rendering the same and identical services to the Delhi, thus, eventhough their Administration is in entirely different hands, DMRC is meant to reduce the work-load and strength of the staff of the DTC. The Government of India and the State of Delhi do exercise control over them through their respective Ministries of Transport.
4.2. That, in the year 1998, when the DMRC started it’s constructions, the DTC Board of Directors took a decision to ban all future recruitments, being there should not be over-staff, when due to DMRC, the strength of the DTC will have to be reduced.
4.3. That the DMRC is bound by the Rules of the UOI regarding “Compassionate Appointment of a son/daughter.... 1998” Rule No- 7(b) that up to a maximum of 5% of vacancies falling under direct recruitment quota; and vide Rules 7(e) and (f) that it is duty bound to appoint candidates from the DTC also.
4.4. That, so far, since 1998, DMRC had not taken any action in this regard. Hence it is using Advanced technologies, the Human Casualities are NIL, thus, it do not have candidates to fill up 5% quota, and it is not appointing from the list of compassionate employment candidates of other departments also.
4.5. That once DMRC will think about it and call for the list of candidates from other departments, DMRC’s first duty shall be to appoint candidates of DTC, because, it is DTC, who had to reduce it’s manpower due to constitution of DMRC. Thus, only after considering the candidates of the DTC, the candidates from other departments will be considered by other departments.
4.6. That the Compassionate appointment of a dependent in the all the Addressee departments, namely DTC and DMRC is being governed by the GOI’s rules, namely GI.Dept. of Per. and Trg., O.M.No. 14014/6/94-Estt. (D) dated 9th Oct. 1998. In the book: “SWAMY’S PENSION COMPILATION”,by Muthuswamy and Brinda; 16th Edition- 2002; published by M/s Swamy Publishers Pvt. Ltd., 4855, 24, Ansari Rd., Daryaganj, New Delhi-110002; phone 23259256. In this book, the said Office Memorandum is being printed as the Appendix-2, between pages 302 to 323. In other parts of this Litigation, this LAW will be referred to as “O.M. Rule No:” for brevity.
5. The back ground of the case is favourable to my clients. You had already agreed to provide employment to the Dependents on Compassionate grounds, means, the “battle is half won” for my clients. Thus, in the waiting list of Compassionate employment candidates, you had written the Applicant no-2, Sh.ccc’s name as:- Clerical Cadre at Sl. No-…. Conductor Cadre at Sl. No-…. That means, in fact, at least in paper, you had handled the case sympathetically, but due to situations beyond your control so far, being “at present there is complete ban on all type of recruitment in DTC imposed by DTC Board, it is not feasible to consider his candidature at this stage”; the kindness you had shown so far, did not yield any fruit to my clients, and I had to take legal actions to you,only on formalities sake. At the end of this litigation, it will be a situation of both paries won, you want to give a job, my clients want to get a job and they will be getting a job.
6. Late Sh.aaa had been your employee, enclosed herewith, which is being marked as ANNEXURE P-1, please find the photocopy of the Employee’s Identity Card Sl. No-.... issued by the DTC, through Shadipur Depot. Sirs, the said employee had been a Soul, who, in his religious beliefs, had gone to heaven only, definitely. To prove this, enclosed herewith, which is being marked as ANNEXURE P-2, please find the photocopy of the “special certificate of death” sl.no ......... dated ..........., in which it can be read that the date of death is an “Ekadasi” day, on ......... and the place of death is “Balaji Mandir, place…”. Among Hindus, the combination of “Ekadasi” day and the place where the God Vishnu (Balaji) worshipped are counted as the best place to breath the last time. The deceased had been in sound mental health and the cause of the death was natural. Being an Advocate, who handles the Criminal Cases a lot, I prefer to reply such questions at the earliest opportunities. It is the God summoned and he went away. It can be said that, `the good people are summoned early by the God’, but it is the living dependents, who deserves complete maintenance and protection, and it is their case, which deserves consideration, in letter and spirit. I will place below the Documents, by which it can be proved that, in letters, you had alreardy shown sympathy, however, due to no fault of my clients, not due to mensrea or negligence from your side, still my clients are left, without any help. My efforts is to inform you the law of the land, by which you will be able to locate a vacancy, to give employment to any of my clients. I humbly request you to read this notice carefully, in order to take appropriate action at your end, immediately.
7. That the deceased left behind his wife and two children, who are my clients and their names and addresses are given above in the para 1, and they are being numbered as Applicants 1 to 3 for the sake of brevity. Among them, the Applicant No-1 is the mother of Applicants no- 2 and 3, among them Applicants no- 1 and 2 were majors by their age and were eligible to get job. The Applicant No-1, whose Date of Birth is ….1955 had been 50% disabled from an illness named”Post encephalopathy, Moderate degree sensory ataxia with atherosis” and for this illness, she was undergoing treatment from the Safdarjung Hospital since 1986. My clients have the honour to enclose the certificate dated ….1988, issued by the Safdarjung Hospital, New Delhi, and mark the same as ANNEXURE P-3. From this ANNEXURE it can be seen that, bonafidely, she was not able to apply for any job on that day, with the DTC. Thus, she had applied in the name of her son, who is the Applicant No-2 in this Notice, on or about …1998, which was certified to be correct by the Dy. Manager of DTC Raja Garden Terminal and the CWS-II on ….1998. This Application is in two pages, which is being enclosed herewith alongwith a translated copy of the same, in which the photograph of the Candidate, Sh.ccc is pasted and the said translation is being Certified to be true copy by Mrs.bbb, the first applicant and Mr.ccc, the second applicant; totaly runs into 5 pages, which are enclosed herewith and marked as ANNEXURE P-4 (Collectively). From this, it can be seen that none of the family members had been provided either the Compassionate Employment with DTC, or none of them were employed in any other Govt./ Public Sector Jobs. In reality, they did not have job or any livelihood, even in any private sector or not even self-employment.
(Notes: Normally it is very dangerous to make allegation that, a person is without any sort of employment and self-employment, thus be given Govt Job. Person/ Mind without work is devil’s workshop. However, this is a Lie not questioned by the Court/ Judge being, if this Lie is not written, some other Candidate who had written this lie is expected to have a preference saying, your Client is having a livelihood of self employment, thus he only should get Govt Job – Author).
8. Sirs, hence the applicant no-1 is 50% disabled and thus deserve a nurse, and applicant no-3, then had been a small kid, the circumstances in the house compelled the applicant no-2 to marry, during the life time of the departed soul, despite the poverty in the house. The said marriage had been fruitful because, when the Late Sh.aaa had departed for his really heavenly abode, there were kids in the house, who could give a hope and requirement for their survival, further, the applicant no-3 could complete her 10th class successfully and now undergoing her education in the 11th Class. The applicant no-2 is having a JOINT FAMILY to look after, that is his mother, who is 50% disable, who is the applicant no-1; the applicant no-3, who had been doing her education so far, but now aged 18 years and fit to apply for a job. Their only steady income is the Family Pension, which is, so far Rs.4320/-,however, under statutes, now the same is going to be reduced to Rs. 2200/-, from the month of … 2005. These all are submitted to you, with respect, to show that, if the job provided either to applicants no-2 or 3, now, will be a great help to a family in difficulties.
9. Sirs, at this stage, my clients have the honour to Enclose and mark a few Documents as Annexures, to prove thier Educational/ professional Qualifications:-
ANNEXURE P-5: Matricualtion Certificate of the applicant no-2, which shows the DOB is 10-11-1974.
ANNEXURE P-6: 10+2 passed cert of the applicant no-2.
ANNEXURE P-7: Conductor Licence of the applicant no-2.
ANNEXURE P-8: Employment Exchange Identity Card of the applicant no-two, with following details:- NCO Code No-X01.20 in clerical cadre, NCO Code No-371.40 in conductor cadre and for FIRST AID.
That to clear any confusion it is submitted that in the column no-8, in place of occupation, the word “carpenter” can be seen, that does only mean that his caste name is written there. Now-a-days, hence the Machines do better works than human beings, my clients are unable to start a proper factory/ mechanized Carpenter shop, for want of money as CAPITAL, THUS he is still unemployed and living with the FAMILY PENSION given to his mother.
ANNEXURE P-9: 10th Class Pass Certificate of the applicant no-3, which shows her DOB is 18-1-1985, means she is a major and fit to do employments, in the clerical cadres.
ANNEXURE P-10: Employment Exchange Identity Card of the applicant no-3, in clerical cadre.
10. Sirs, from those educational qualifications and the Id.Cards of the applicants no- 2 and 3, you may be clear that both of them are qualified educationally and according to the age, to work in any Clerical Cadre or as a Conductor. In that, the applicant’s name had been already entered in your records and now I shall enclose an Application for the Job on compassionate employment, on behalf of the applicant no-3, along-with a stamp-size photograph of the candidate, being prepared by me, to complete legal documentation, in accordance with GOI’s October 1998 format. The said document, is being enclosed herewith and marked as ANNEXURE P-11. Hence the Govt. Officials had already signed the mandatory certificates, in the Annexure P-4, now I am not obtaining their signature any more. It is as an Alternative to Applicant no-2’s application, being he is the first applicant and yet he is elegible. But, the Applicant no-3 is also applying now, because, if she can get the Compassionate job, prior to her brother, the family will be equally happy. Thus, my clients beg to you to register the name of Applicant no-3 also as an alternative to the applicant no-2.
11. Sirs, now I will explain the location of the 2nd applicant’s name in your records, the efforts by my clients for their survival and the law in their favor. In this regard, prior to referring the correspondence during year 1998, it would be appropriate to show the latest developments, for which my clients enclose following Annexures:-
ANNEXURE P-12 (Collectively): photocopies of the letter of the DTC, from the file No. Ka/ Vi-III/Compassionate/ Vividh/ ......./ Samvahak, dated .........; along with both the sides of the postal envelop.
ANNEXURE P-13 (Collectively): photocopies of the letter of the DTC, from the file No. Ka/ Vi-II/ Compassionate/ Vividh/ ......... dated ......; along with both the sides of the postal envelop.
ANNEXURE P-14: photocopy of the Application dated ........., being prepared by Sh.ccc, the applicant no-2 herein, complete in all aspects, but for the identification of a permanent employee, which was already over on ...... itself. The identification was obtained in the next annexure also. Due to frustration, my client forgot to get sign in this form, but sought exemption.
ANNEXURE P-15: photocopy of another Application dated ...., being prepared by Sh.ccc, the applicant no-2 herein, complete in all aspects, including the identification of a permanent employee, which was already over on ..... itself, now obtained for the second time. Sir, once the above Annexures are placed on record, ordinarily the Advocates must have went to the PRAYER clause of the Notice, however, hence the Court is the last resort, my clients have the honour to place on record, the efforts made by them through the Ministers, to get this Job. They instructs me to write that, in the DTC file, you will be able to find my client’s file as the FATTEST FILE, to get his FUNDAMENTAL RIGHT of the Compassionate Employment.
(Note:- India is a Country where there is Rule of Law and Equality before Law. Recommendation from the Politician is not necessary to get a job. In fact, if the Politician will strongly recommend the 10th man’s case, only after giving job/ or denying job on valid ground to persons from 1 to 9, the 10th man’s case can be considered by the Govt Officers. Thus, all the forth-coming Annexures about Politicians are of no use in the eyes of Court. However, in India there is another problem of “Red Tape” or “Apply apply no reply”. Many Govt Officers do not reply to an Ordinary Man’s letter, unless persuaded by Court or Politicians. It is written to tell the persons reading this book that, even when you do not have any Politicians or Advocate, you can simply write Reminders, send by Speed Post/ Registered Post Acknowledgement Due; and preserve them to prove that, you were not sleeping over your Rights, thus Delay and Laches is not applicable to you – Author).
12. The application for the Compassionate Employment by my clients were processed by the DTC, through the nearest depot to the residence of my clients, i.e. the Dichaon Kalan Depot. The Depot Manager had certified the ANNEXURE P-4, along with supporting documents, total 14 pages, and forwarded the same to the Dy. Manager (PLD-II) Headquarters, vide his letter dated ......, a copy of the same is enclosed herewith and marked as ANNEXURE P-16.
13. The above application was followed up by applicant no-2, vide his letter dated ...., being addressed to Hon’ble the Chief Minister of Delhi, a copy of the name is enclosed herewith and marked as ANNEXURE P-17. The said letter was forwarded by the Government to the DTC, vide the letter dated ......, issued by the Secretary to the Chief Minister. A copy of the same is enclosed herewith and marked as ANNEXURE P-18.
14. Besides the application, the DTC wanted some “No Objection Certificates” Affidavits from the applicant no-1, which were also submitted and forwarded vide DTC DK Depot letter dated ......, a copy of the same is enclosed herewith and marked as ANNEXURE P-19.
15. The letter dt..... by applicant no-2 had partly yielded result on ...., he was communicated that he is being selected for appointment in the Clerical Cadre in the DTC and his Serial Number in the Panel is …. However, the bad news also was accmpanied in the same letter, which is to be quoted as follows:-
“....but at present there is complete ban on all type of recruitment in DTC .....as and when the ban imposed by DTC board is lifted and vacancy arises in the said cadre, .....his own turn” a copy of the same is enclosed herewith and marked as ANNEXURE P-20.
16. The applicant no-1 also had applied on date ...., to the Transport Minister, which also had been replied by the same signatory of letter dt....., vide his letter dated ..., with IDENTICAL INFORMATIONS, about applicant no-2. a copy of the same is enclosed herewith and marked as ANNEXURE P-21.
17. The DTC had written letter dated .... to the applicant no-1, with almost identical informations once more; a copy of the same is enclosed herewith and marked as ANNEXURE P-22. The applicant no-1 had an intention to get her son, i.e. applicant no-2’s name transferred to some other department’s list of candidates, thus, she wrote her application dated .... to the Department of Public Grievances and Pension, GOI, a copy of the same is enclosed herewith and marked as ANNEXURE P-23. You may note that, it is very well known that the DTC is under the Govt. of Delhi and the GOI have no control over that, further, hence the DTC had already announced the Serial No-…, there is no scope for any grievance against DTC, but to wait for a vacancy, still she preferred to write to GOI, only with an intention to search a vacancy in some other departments. The same was forwarded to the Public Grievances Department by Sh...., M.P., vide his Honour’s letter dated ...., a copy of the same is enclosed herewith and marked as ANNEXE P-24. The same Hon’ble M.P. had forwarded a copy of that letter to the Ministry of Transport, GOI also on the same day, a copy of the same is enclosed herewith and marked as ANNEXURE P-25.
18. All such applications, being forwarded through various political offices were routed to the DTC office at I.P.Estate and it was replied once more, vide letter dated ... giving the same legal difficulty from the side of the DTC, namely:
“....but at present there is complete ban on all type of recruitment in DTC .....as and when the ban imposed by DTC board is lifted and vacancy arises in the said cadre, .....his own turn” a copy of the same is enclosed herewith and marked as ANNX P-26. On ..., the Govt. of NCT of Delhi wrote to the Ministry of Surface Transport, GOI, in the similar lines, a copy of the same is enclosed herewith and marked as ANNEXURE P-27.
19. On ....., the applicants approached Hon’ble Transport Minister of the Govt. of Delhi, through Sh....., Municipal Councillor, Delhi and Hon’ble Minister himself, under His own Hon’ble signatures gave a reply, which shows the difficulties faced by my clients, that they deserve a job immediately.