The High Court dismissed a writ petition seeking compassionate appointment. The petitioner, a minor at the father's death in 1986, filed the application in 1998. Relying on Supreme Court precedents, the court held that the prolonged lapse of 30 years bars the claim.
The writ petition seeking compassionate appointment is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 7167 of 2012
Brantiyos Marandi son of late Mathai Marandi, resident of villageChhotobhubhanga, P.S.- Baranarganj, P.S.- Kathikund, District- Dumka.
…......... Petitioner.
Versus
CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
For the Petitioners : Mr. Durga Charan Mishra, Advocate. For the respondent : J.C. to S.C.-IV.
06/16.06.2016: In this writ petition, the petitioner has challenged the order dated 13.10.12 as contained in Memo No. 1315, by which, the claim of the petitioner for appointment on compassionate ground has been rejected by the authorities.
(iv) The petitioner filed an application for compassionate appointment on 7.8.1998.
Kumar Vs. State of Bihar and Others , reported in (2000) 7 SCC 192 , taking into consideration that the claimant was minor at the time of death of the employee has held that there cannot be reservation of a vacancy till such time as the petitioner becomes a major after a number of years, unless there are some specific provisions .
(ANANDA SEN , J)
Anu/-
3 issues framed by the court
Whether a claim for compassionate appointment filed 30 years after the death of the deceased employee can be entertained when the claimant was a minor at the time of death.
Whether the period of limitation can be excluded solely because the claimant was a minor when the father died.
Whether the Supreme Court precedents requiring tiding over sudden financial crisis bar a claim filed after long lapse of time.
Colour shows how this judgement treated each authority
LPA No. 373/2005 reported in 2006(4) JLJR 267Referred¶11
Haryana State Electricity Board & Anr. Vs. Hakim SinghExplained¶17
Haryana State Electricity Board & Anr. Vs. Hakim Singh (1997) 8 SCC 85 · Who else cites this
Sanjay Kumar Vs. State of Bihar and OthersExplained¶19
Sanjay Kumar Vs. State of Bihar and Others (2000) 7 SCC 192 · Who else cites this
Brantiyos Marandi
State of Jharkhand
Deputy Collector, Dumka
District Superintendent of Education, Dumka
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
