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UDAY KUMAR, SOUMEN SEN
State of West Bengal – Appellant
Versus
Prabir Patra – Respondent
JUDGMENT :
There is a delay of 1140 days in preferring the appeal.
2. An application for condonation of delay is filed on 15th September, 2016. The appeal has arisen out of a Judgment and Order dated 24th June, 2013 in connection with a writ petition filed by the son of a Group-D employee, who was his mother. His mother died on 11th August, 2005. The writ petitioner did not attain majority in 2007 and had applied for compassionate appointment on 25th October, 2008 and 25th June, 2009. His request for compassionate appointment has been turned down by the respondent authorities on the ground that the application for such compassionate appointment was made more than two years after the death of his mother.
3. The Learned Single Judge on consideration of the materials on record and relying upon the judgment of the Hon’ble Division Bench in Chairman, District Primary School Council –Vs-. Sri Prithwish Samanta reported in (2011) 1 WBLR 664, allowed the writ petition.
4. The Learned Single Judge has also relied upon paragraph 6 of the decision of the Hon’ble Supreme Court in Govind Prakash Verma –vs-Life Insurance Corporation of India & Ors. reported in (2005) 10 SCC 289 and arrived at a f
The government cannot benefit from its own wrong, and a valuable right accrued due to the appellants' inaction.
Compassionate appointments cannot be claimed as a matter of right and are not considered as a source of regular recruitment.
Condonation of delay granted based on sufficient cause including financial hardship and COVID exclusion, prioritizing justice over length.
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