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The   consideration   for   compassionate  employment is  not  a  vested  right  which can  be  exercised  at  any  time  in  future: Patna High Court

This case was filled by Most. Sanju Devi W/o Late Pankaj Kumar, Daughter in Law of Late Badrinarayan Singh, Resident of Village and P.O.-Hathidah, P.S.-Hathidah, Distt-Patna against The State of Bihar. The Judgment in Most. Sanju Devi v. State of Bihar (Citation: L.P.A No.109 of 2020) was delivered by HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH.

FACTS OF THE CASE:
This case was filled before the Court against the order dated 06.01.2020 passed by the learned single Judge in CWJC No. 20679 of 2014 whereby the writ petition filed by the writ petitioner herein for grant of compassionate appointment has not been entertained and the same has been dismissed. The petitioner in this case had filed the writ petition in question for directing the respondent authorities to appoint her on compassionate ground in lieu of death of her father-in-law in harness on 03.03.2006. It is the case of the appellant herein that her father-in-law had died in harness on 03.03.2006, while working as a Jeep driver, whereafter the husband of the appellant herein being the son of the deceased employee, had applied for appointment on compassionate ground on 07.04.2006, however, he died on 25.02.2013. There-after, the appellant had sent an application by registered post to the respondent authorities for granting her appointment on compassionate ground. It is also submitted that the second son of the deceased employee had, in the meantime, also filed a petition for appointment on compassionate ground but the same was rejected on account of filing of false certificates.
However, The learned single Judge of this Court has dismissed the writ petition on the ground of delay and laches and hence this case.

JUDGEMENT:

The court after going through the facts and arguments of both the parties observed that he application filled by the petitioner for appointment on compassionate ground not only after expiry of the period of limitation prescribed for filing an application for appointment on compassionate ground but the writ petition also suffers from the vice of delay and laches, hence, according to Court there is no infirmity in the impugned order dated 06.01.2020 passed in CWJC No. 20679 of 2014, and according the petition was disposed of.

JUDGEMENT REVIEWED BY AKANKSHA 

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