The Patna High Court dismissed a petition seeking compassionate appointment. The petitioner, aged 43, approached the court 18 years after the death of her father, who allegedly died in harness, though records suggested he had superannuated earlier.
Petition dismissed on the ground of delay and laches.
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 JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14614 of 2013
====================================================== Cheena Devi Wife of Bharat Paswan, Daughter of Kishun Paswan, resident of village- Panchi, P.S. Shekhupur, Sara, District – Shekhpura.
.... .... Petitioner/s Versus 1. The State of Bihar through its Principal Secretary of Home Department, Bihar, Patna
.... .... Respondent/s
====================================================== Appearance : For the Petitioner/s : M/s Pashupati Nath Sinha and Deepak Kumar For the Respondent/ : Mr. Parth Sharthi and Utsav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER
In this case, the petitioner is seeking appointment on compassionate ground, claiming that she is daughter of Kishun Paswan, who died in harness in the year 1995, but the counter affidavit shows that Kishun Paswan had superannuated from service in the year 1985.
Without going into the merit of the case, the petitioner is aged 43 years old as well as she has approached this Court for compassionate appointment after 18 years, this Court
Patna High Court CWJC No.14614 of 2013 (3) dt.18-11-2016
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does not find purpose to entertain this petition and the same is,
accordingly, dismissed on the ground of delay and laches.
(Shivaji Pandey, J)
Mahesh/-
U
2 issues framed by the court
Whether a petition for compassionate appointment filed after a long delay of 18 years should be entertained.
Whether the delay and laches are sufficient grounds for dismissing the writ petition without examining the merits of the claim.
1 provisions across 1 enactments
Cheena Devi
The State of Bihar
Subodh Priyadarshi
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
