The petitioner, son of a deceased peon in the Survey of India, filed a writ petition seeking appointment on compassionate grounds after a nine-year delay. The court dismissed the petition, holding the matter stale and the delay inordinate, deeming no direction appropriate.
The writ petition is dismissed. No order as to costs.
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WPSS No.408 of 2014
Hon’ble Sudhanshu Dhulia, J.
Mr. Mohammad Shah, Advocate, present for the petitioner.
Mr. B.P.S. Mer, learned counsel for the Union of India, present for the respondents.
The father of the petitioner was working as peon in the Survey of India. He died while he was in harness in the year 1993.
Petitioner at that time was a minor and when he gained majority in the year 2002, he moved a representation for being appointed on compassionate ground. His application was rejected in the year 2013. Hence, this writ petition.
First and foremost, appointment on compassionate ground is given, so that, the family which has lost its only breadwinner is able to withstand the hardships and trouble which has befallen on the family on the death of its sole breadwinner. The petitioner at the relevant time i.e. in the year 1993 was a minor and hence could not apply. He has applied, admittedly, after a gap of about 09 years. He has not been able to explain as to what is the status and condition of his “family”. Moreover, this matter is extremely stale and does not call for any interference, as any direction for appointment (which the petitioner seeks), will not be appropriate, considering the inordinate delay in the matter.
The writ petition fails and it is hereby dismissed. No order as to costs.
(Sudhanshu Dhulia, J.)
ML
1 issue framed by the court
Whether a writ court ought to interfere in an appointment on compassionate ground application filed after a delay of nine years.
Petitioner
Union of India
Sudhanshu Dhulia
As recorded by the court registry
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