The petitioner, widow of the deceased applicant, sought compassionate appointment in lieu of her late husband. The court dismissed the writ application due to a lapse of 14 years and unexplained delay and laches without appreciating the appointment now. A year of 14 years has already lapsed and the case is dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20679 of 2014
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Most. Sanju Devi wife of Late Pankaj Kumar, Daughter-in-law of late Badrinarayan Singh, r/v & P.O. Hathidah, P.S. Hathidah, Distt. Patna.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Din Bandhu Mishra For the Respondent/s : Mr. Ajay Bihari Sinha, G.A. -8 Mr. Neeraj Raj, A.C. to G.A. -8
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CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL JUDGMENT Date : 06-01-2020
Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The present application has been filed by the widow of the original applicant, namely, Pankaj Kumar who was the eldest son of the deceased employee Shri Badri Narayan Singh who died in harness on 03.03.2006.
The application for compassionate appointment was made by the husband of the present petitioner on 07.04.2006 and while his application remained pending, the husband of the present petitioner, namely, Pankaj Kumar also died on 25.02.2013. It appears from the records of the case that during the lifetime of the husband of the present petitioner, the
Patna High Court CWJC No.20679 of 2014 dt.06-01-2020 2/3
second son of the deceased employee filed a petition for compassionate appointment, but the same was rejected on account of the filing of some false certificates. The present petitioner has, however, filed her application only after the death of her late husband on 13.10.2014 for appointment on compassion ground in lieu of her late husband who was the son of the employee who died in harness.
Learned counsel for the petitioner, however, has been unable to explain as to what necessary steps were taken by her late husband between the year 2006 to 2013 when his application remained pending and as to whether any applications were filed by him in the interregnum before the appropriate authority for consideration of his case for compassionate appointment.
It appears that the second brother in view of his illness had also applied whose case was rejected.
Learned counsel for the petitioner submits that the application by the second brother was without consent from the present applicant or her late husband and, therefore, such rejection need not be taken note off. He, thus, submits that it is now open to the authorities to take adequate steps for consideration of the case of the petitioner.
Patna High Court CWJC No.20679 of 2014 dt.06-01-2020 3/3
This Court fails to appreciate as to how the appointment on compassionate ground can now be made in favour of the daughter-in-law of the late employee who died in harness in the year 2006. There is considerable delay and laches which stand unexplained and a period of 14 years has already lapsed.
In view of such facts and circumstances, it is not open for this Court to interfere in the matter. The writ application is, accordingly, dismissed.
(Anjana Mishra, J)
Saif/-
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| CAV DATE | N.A. |
| Uploading Date | 07.01.2020 |
| Transmission Date | N.A. |
1 issue framed by the court
Whether a compassionate appointment can be granted to a daughter-in-law after a period of 14 years due to unexplained delay.
Sanju Devi
The State Of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
