Court dismissed petition for compassionate appointment for deceased father, noting eight-year delay and family no longer in harness, finding no merit due to inordinate lapse of time. Date: 4.5.2011.
Grant of compassionate appointment dismissed due to inordinate delay and family no longer in harness.
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.
CW-5358/06
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SB Civil Writ Petition No.5358/06. Abdul Zaheed Khan Vs. State & Ors.
Date of Order : 4.5.2011
HON'BLE MR. JUSTIE AJAY RASTOGI
None for petitioner. None for respondents.
Petitioner who is claiming compassionate appointment on account of death of his father who died while in service on 5th December, 1990.
It has been alleged in the writ petition that at the time of death of his father he was 10 years of age and immediately after getting the age of majority, application was submitted in September, 1998 but that was rejected on the premise that it is not in limitation and further representation was sent by him was also rejected on 5th June, 1999 by respondent No.3 but still he was given assurance by the authority that they will consider his application for compassionate appointment as such he approached this court after service of legal notice upon the respondents.
As alleged in the writ petition, the petitioner's father was working on the post on Teacher Gr.III and died while in service on 5.12.90. After the petitioner attained
CW-5358/06
2
the age of majority in September, 1998, he submitted an application which was rejected and subsequent representation filed by him was also rejected in June, 1999, the present petition was filed in September, 2005 with an inordinate delay and apart from it the petitioner's father died while in service in December, 1990, and an application for the first time moved in 1998 almost after 8 years and by passage of time the family of the deceased employee could not be said to be in harness which is one of the prime consideration and object behind for consideration of compassionate appointment.
In view thereof this court does not find any substance in the writ petition and it is dismissed.
MRG.
3 issues framed by the court
Whether a delay of almost eight years in filing an application for compassionate appointment after attaining majority is a valid ground for rejection.
Whether the family of the deceased remains in harness after such a long passage of time for the purpose of compassionate appointment.
Whether the writ petition claiming late compassionate appointment has any merit.
1 provisions across 1 enactments
Abdul Zaheed Khan
State
Ors.
Ajay Rastogi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
