The Patna High Court dismissed an appeal filed by a Class III employee seeking compensation for delay in compassionate appointment and a further appointment for her major son. The court held the appeal lacked merits due to laches and prior acceptance of the appointment.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.101 of 2022 In
Civil Writ Jurisdiction Case No.7242 of 2016
======================================================
Bibha Mishra W/o Late Henanath Mishra, Resident of Ward No. 02, Gopalpur, P.S. Amdabad, District - Katihar.
... ... Appellant/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Sanjay Kumar For the Respondent/s : Mr.S.D. Yadav (Aag9) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
2 13-12-2022 Heard Mr. Sanjay Kumar, the learned Advocate
for the appellant and Mr. Nagendra Kumar, the learned counsel for the State.
The appellant though had applied for
compassionate appointment on the death of her husband way back in the year 1985, but was given the appointment only in the year 2010.
Patna High Court L.P.A No.101 of 2022(2) dt.13-12-2022 2/3
The appellant had approached the Court vide C.W.J.C. No. 7242 of 2016 seeking compensation for the
harassment to her by giving her compassionate appointment after 14 years. The appellant had also prayed that she would stand totally compensated for such harassment if her son, who had attained the age of 20 years by that time, be also given compassionate appointment, in addition to her appointment on compassionate grounds.
The learned Single Judge dismissed the petition on the grounds of laches as also on the ground that compassionate appointments are made only for providing immediate succour to the family of the deceased employee so as to prevent any vagrancy or complete destitution of the family.
The appellant would have had a case if no appointment despite her eligibility would have come to her.
That she was granted compassionate
appointment and there was no protest by the appellant at that time, it is too late in the day for the appellant to have
Patna High Court L.P.A No.101 of 2022(2) dt.13-12-2022 3/3
approached the Court for grant of compensation and that also in the shape of a further compassionate appointment to her son, who had become major by the time she had approached the Court.
Looking at the prayer made in the writ petition as also in the appeal, we were initially inclined to dismiss this appeal with cost but considering that the appellant is a Class III employee, we refrain from doing so.
The appeal has no merits and is therefore dismissed.
(Ashutosh Kumar, J)
( Nawneet Kumar Pandey, J)
sunilkumar/mathew
U
3 issues framed by the court
Whether the appellant's appeal regarding delay in compassionate appointment and compensation for harassment has merit.
Whether a further compassionate appointment for the appellant's son who has attained majority is warranted.
Whether compensation or costs should be awarded despite the dismissal of the appeal on merits.
Bibha Mishra
State of Bihar
Ashutosh Kumar
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
