JUDGEMENT
S.N.PATHAK,J. -
(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.
(2.) The petitioner has approached this Court for quashing letter dated 27/29.03.2014 (Annexure-7), whereby the claim of the petitioner for compassionate appointment has been rejected by the respondents on account of same being time barred. Further prayer has also been made for issuance of direction upon the respondent No. 1 to appoint the petitioner on compassionate ground on account of death of his father.
FACTUAL MATRIX
(3.) The father of the petitioner namely, Ganesh Paswan was appointed as Loader under the respondents and was issued I.D. Card No. 145004, CMPF No. DHN/25/139. From the certificates it is apparent that the petitioner was born on 11.07.1993 and his name is duly mentioned in the Service Excerpt of Ganesh Paswan, wherein the petitioner has been shown to be a minor and hence, the same was within the knowledge of the respondents. The mother of petitioner died on 31.12.1998. Thereafter, on 18.11.2005 the father of the petitioner, while working under the respondents, died leaving behind Binod Paswan, Bhim Paswan (petitioner) and Sunita Kumari. At the time of death of his father, the petitioner was aged only about 12 years. In the meantime, the elder brother of the petitioner applied for compassionate appointment. On 11.07.2011 when the petitioner attained the majority, he came to know about the aspect of compassionate appointment from various persons. Thereafter, vide his application dated 21.02.2012, the petitioner requested the respondent-authorities to provide him compassionate appointment, upon which the petitioner was directed to submit affidavits, family certificates, etc., which he promptly submitted before the respondents-authorities. Thereafter, the petitioner was directed to submit Form in 4 sets and the petitioner, vide his application dated 12.02.2013, submitted same. The petitioner pursued his case before the respondents through his representations dated 20.08.2012, 25.11.2013, etc. but respondents have not given any heed to the petitioner's request and vide their letter dated 27/29.03.2014, rejected the claim of the petitioner for compassionate appointment on the ground of same being time barred. Hence, this writ petition has been filed by the petitioner for redressal of his grievance.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.