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2013 DIGILAW 3108 (ALL)

Satyendra Pratap Singh v. State of U. P. And 3 Ors.

2013-12-19

D.Y.CHANDRACHUD, SANJAY MISRA

body2013
Sanjay Misra,J:- The learned Single Judge has dismissed a petition filed by the appellant seeking compassionate appointment and for quashing a rejection of his request on 19 November 2012, solely on the ground of delay. 2. The father of the petitioner, who was an employee and a part time tube well operator died on 11 January 2008. The appellant submitted an application on 8 July 2009 for employment under dying-in-harness rules. The application was rejected on 12 August 2009. Prior thereto by an order of this Court dated 8 May 2009 in writ proceedings the claim had been directed to be considered in accordance with law. Subsequently, the claim was again rejected on 28 August 2009. It appears that the appellant submitted a fresh representation on 25 September 2012 which was rejected on 19 November 2012. The appellant eventually filed a writ proceeding before this Court on 8 November 2013. From the record it is clear that after the order of this Court dated 8 May 2009, the claim was rejected on 12 August 2009. The appellant has not explained the unexplained delay that took place thereafter until he submitted a fresh application on 25 September 2012 which was rejected on 19 November 2012, which referred to the earlier rejection. In these circumstances, there is a delay of nearly four years in moving the Court for seeking compassionate appointment. The appellant has sought to rely upon the averments made in paragraph 18 of the petition relating to his family circumstances but there is no sound reason as to why an application for compassionate appointment was not submitted at the earliest point of time. Despite the rejection of the application in August 2009 the appellant did not file a writ proceeding for nearly four years thereafter. In these circumstances, the view of the learned Single Judge dismissing the petition cannot be regarded as suffering from any error. Hence no case for interference in the special appeal is made out. The special appeal is accordingly dismissed. _______________