PUSHPENDRA SINGH Vs. RAJASTHAN STATE ROAD TRANSPORT CORPORATION
LAWS(RAJ)-2017-3-88
HIGH COURT OF RAJASTHAN
Decided on March 03,2017

PUSHPENDRA SINGH Appellant
VERSUS
RAJASTHAN STATE ROAD TRANSPORT CORPORATION Respondents

JUDGEMENT

NIRMALJIT KAUR, J. - (1.) The prayer in the present petition is to grant appointment on compassionate ground in place of his father Shri Nathi Singh who died while in service.
(2.) The facts in short are that the father of the petitioner died way back in the year 2003. The wife of the deceased Nathi Singh and the mother of the present petitioner sought appointment. However, same was rejected on the ground that she is only 5th class pass and no post equivalent to her qualification is available in the department. The said order was passed on 5.9.2005. On receiving the aforesaid letter, the mother of the petitioner Gaytri Devi submitted an affidavit dated 17.10.2005 whereby she requested that the appointment on compassionate ground be given to her son Pushpendra Singh as and when he turned major. On attaining the age of majority, the mother of the petitioner served a legal notice. Vide communication dated 29.01.2009, the respondent-Corporation informed the petitioner that his father had died way back on 14.12.2003 whereas the application for appointment by the petitioner was moved as late as on 2.6.2008 and since there is no provision to keep the matter pending till the dependents attains the age of majority, no relief can be granted to him.
(3.) Reply has been filed. As per the reply, the application moved by the mother of the petitioner was rejected way back on 5.9.2005. The same has not been challenged till date and therefore, the said claim deserves to be rejected on account of delay and laches. The present petitioner who is the son too cannot be granted appointment as there is no provision to keep the matter pending or carry over and wait till the dependent attains the age of majority.;


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