Writ petition for compassionate appointment dismissed for gross delay and laches; petitioner failed to prove adoption or job loss due to freedom movement participation.
Writ petition dismissed.
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S.B. CIVIL WRIT PETITION NO. 3798/2013
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR.
ORDER
S.B. CIVIL WRIT PETITION NO. 3798/2013 MAHENDRA KUMAR KRISHANIA VS. THE STATE OF RAJASTHAN & ANOTHER.
DATE OF ORDER : 05.08.2014
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ
None present for the petitioner.
BY THE COURT:
This writ petition has been filed by the petitioner with the prayer that the respondents be directed to grant appointment to the petitioner on compassionate ground.
Even though the petitioner has also filed representation before the respondents pursuant to decision of this Court dated 18.12.2006 rendered in his writ petition filed earlier i.e. S.B. Civil Writ Petition No. 2474/1998 which was disposed of with certain directions, but the same was rejected vide order dated 17.09.2007. The petitioner has relied on letter dated 12.04.2007 by which he was required to furnish the proof whether his adoptee father lost his job on account of his participation as freedom fighter. That communication was sent to the petitioner on 12.04.2007 whereas subsequently respondents have rejected his claim for compassionate appointment vide order dated 17.09.2007. Therefore, that communication does not furnish any fresh cause of action to the petitioner. That communication was never challenged by the petitioner till filing of present writ petition in 2013. Thus, this writ petition suffers from enormous delay and laches.
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S.B. CIVIL WRIT PETITION NO. 3798/2013
Apart from that, the petitioner has not been able to furnish any proof that he is the adopted son of the deceased and his adoptee father lost his job on account of participation in freedom movement.
The writ petition suffers from gross delay and latches and the same is accordingly dismissed.
(MOHAMMAD RAFIQ),J.
Manoj,
S.NO.44.
“All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.”
MANOJ NARWANI Personal Assistant.
1 issue framed by the court
Whether the writ petition for appointment on compassionate ground is maintainable in view of gross delay and laches.
MAHENDRA KUMAR KRISHANIA
THE STATE OF RAJASTHAN
MOHAMMAD RAFIQ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
