The High Court dismissed a writ petition seeking compassionate appointment. The petitioner exceeded the maximum age limit and the petition was barred by laches due to a nine-year delay in filing after the 2009 rejection order.
The petition was dismissed on the grounds of violation of age limit and laches.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No.12640/2018
Om Prakash Bansfod, Son Of Shri Chotmal Bansfod, aged about 54 years, Resident Of Road No. 8, V.K.I. Area, Jaipur.
---Petitioner
Versus
----Respondents
For Petitioner(s) : Mr.Kinshuk Jain
HON'BLE MR. JUSTICE ALOK SHARMA
Order
06/12/2018
The petitioner is aggrieved of not being appointed on
compassionate grounds by the Department of Medical Health and
Family Welfare Services in spite of his application under the
Rajasthan Compassionate Appointment of Dependents of
Deceased Government Servants Rules, 1996 (hereafter ‘Rules of
1996’), despite the fact that his mother Smt. Kanwari Bai was at
(2 of 2) [CW-12640/2018]
the time of her death on 28.8.2008 a substantive employee of the
Department of Medical and Health Department.
Heard. Perused the petition. Considered.
Apparently the application for compassionate
appointment filed on 17.10.2008 has been rejected vide order
dated 21.1.2009 interalia on the ground that being 44 years and
two months at the time application was made, the petitioner was
over of 40 years—the maximum age for the appointment sought.
The reason for rejection is clearly founded in statute
and there can be no legal grievance thereagainst. Further aside of
the lack of merit in the petition, it has filed in the year 2018
against a rejection letter dated 21.1.2009. The delay of over 9
years from when the cause of action arose is palpable and in the
meantime the petitioner is 54 years of age. The petition is hit by
laches and liable to be dismissed also on this ground.
Dismissed.
(ALOK SHARMA), J
Himanshu/3
2 issues framed by the court
Whether the petitioner, who was over 40 years of age at the time of application, is entitled to compassionate appointment.
Whether the petitioner's writ petition filed in 2018 regarding a 2009 rejection order is barred by laches due to 9 years of delay.
1 provisions across 1 enactments
Om Prakash Bansfod
State Of Rajasthan
Allok Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
