In a writ petition challenging the rejection of a claim for compassionate appointment, the High Court held that despite the petitioner mayoring years ago and the claim being raised after over a decade, the plea was not worthy of indulgence due to delay and laches.
The writ petition was 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 JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1997 of 2016
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.... .... Petitioner/s
Versus
.... .... Respondent/s
=========================================================== Appearance : For the Petitioner/s : Mr. Brijeshwar Narayan Singh, Adv. For the Respondent/s : Mr. S.D. Sanjay (Addl. Soc. Gen.)
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 02-11-2017
Heard Mr. Brijeshwar Narayan Singh learned counsel for the petitioner.
The petitioner is aggrieved by order dated 29.01.2014 of the Deputy Director General of the Supplies and Transport whereby his claim for compassionate appointment has been rejected in reference to the earlier rejection dated 23.08.2001. According to the learned counsel for the petitioner this earlier rejection was not known and that is the cause for delay. In my opinion even if the petitioner was not aware of the earlier rejection, considering that he attained majority
Patna High Court CWJC No.1997 of 2016 dt.02-11-2017
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some time in the year 2000 and yet has chosen to raise the issue before the respondents after more than a decade vide application dated 25.09.2012 which has been rejected by the order impugned, neither on merits nor on delay and laches the claim is worthy of indulgence.
The writ petition is dismissed.
(Jyoti Saran, J)
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2 issues framed by the court
Whether a claim for compassionate appointment is worthy of indulgence despite more than a decade of delay in raising the issue?
Whether laches and delay bar the disposal of a writ petition concerning a claim for compassionate appointment?
Vishnu Kumar Thakur
The Union of India
Jyoti Saran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
