A writ petition seeking compassionate appointment was dismissed because the committee validly rejected the claim due to a nine-year delay in filing the application after the petitioner's father's death.
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. 4853 OF 2011
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Ritesh Kumar Singh, Son of Late Kameshwar Singh, resident of village Kudharbadha, P.O. Basant, P.S. Garkha, DistrictChhapra (Bihar). ... Petitioner
Vs.
1.The State of Jharkhand.
2.The Deputy Commissioner, Sahebganj.
3.The Superintending Engineer, Department of Bhawan Nirman, Bhawan Anchal, Dumka, P.O.+P.S. Dumka, DistrictDumka.
4.The Executive Engineer, Department of Bhawan Pramandal, P.O & P.S. & District-Sahebganj. ... Respondents
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CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : M/s Manoj Kumar Sah, Advocate For the Respondents : Mr. L.C.N.Sahdeo, Advocate
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Order No. 04 : Dated 9th July, 2019
Heard Mr. Manoj Kr.Sen, learned counsel for the petitioner and Mr. L.C.N.Sahdeo, learned counsel of the respondents.
The petitioner is aggrieved with the order dated 21/2/2011 whereby the compassionate appointment of the petitioner has been rejected by the committee. The petitioner has further prayed for consequential benefits. The petitioner’s father died on 06.08.1997 and the petitioner has applied for compassionate appointment on 26.09.2010. Pursuant to the fact that the District Compassionate Committee has considered the claim of the petitioner taking into account the different circulars of the Government wherein it has been said that no application would be entertained after a lapse of five years whereas the petitioner has applied 9 years after the death of his father and thus, the Committee did not entertain the case of the petitioner for the appointment on compassionate ground as he approached the authorities after
nine years of death of his father. Accordingly, the claim of the petitioner was rejected by the committee.
In the cumulative effect of the above facts this Court found that no interference is made out in this case and, accordingly, this application stands dismissed.
(Sanjay Kumar Dwivedi, J.)
Amardeep/-
1 issue framed by the court
Whether the High Court can interfere with the rejection of compassionate appointment due to a nine-year delay in applying.
Ritesh Kumar Singh
The State of Jharkhand
The Deputy Commissioner, Sahebganj
The Superintending Engineer, Department of Bhawan Nirman, Dumka
The Executive Engineer, Department of Bhawan Pramandal, Sahebganj
SANJAY KUMAR DWIVEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
