Justice Jyoti Saran dismissed a writ petition by Lalwati Devi for compassionate appointment. The Court held thattaking no steps to question the rejection in 2011 for six years makes the delayed approach impermissible, precluding merit examination.
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.2193 of 2016
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Lalwati Devi Wife of Late Ram Balak Das, Resident of Village - Rampur Nausahan, P.O. Jadhua, P.S. - Industrial Area, Hajipur, District - Vaishali.
.... .... Petitioner
.... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Raja Ram Rai, Advocate For Respondents 2 and 3 : Mr. Bindhyachal Singh, Advocate Mr. Smriti Singh, Advocate For the State : Mr. Sunil Kumar Mandal, SC-3 Mr. Bipin Kumar, Advocate Ms. Neelam Kumari, AC to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER
3 08-01-2018 Heard the parties and considering the claim of the petitioner for compassionate appointment was rejected way back on 29.9.2011 vide Annexure-9 and the petitioner took no steps to question the same, a delayed action by the petitioner after a gap of six years does not persuade this Court to enter into the merits of the matter.
The writ petition is dismissed.
(Jyoti Saran, J)
N.H./-
U
2 issues framed by the court
Whether a writ petition seeking compassionate appointment can be entertained after a six-year delay without prior challenge to the impugned order.
Whether the High Court should examine the merits of a rejected compassionate appointment claim filed after significant delays.
Lalwati Devi
The State of Bihar
The District Judge, Civil Court, Vaishali
The Judge Incharge Administration, Civil Court, Vaishali
Jyoti Saran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
