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DEEPAK KUMAR TIWARI
Asfaque Khan S/o. Late Shiv Kumar Yadav @ Saleem Khan – Appellant
Versus
State of Chhattisgarh Through the Secretary, Energy Department – Respondent
ORDER :
1. Challenge in this writ petition is to the order dated 08.01.2016 passed by respondent No.3 whereby the petitioner was not found entitled to get compassionate appointment after the death of his father.
2. Facts of the case, in brief, is that father of the petitioner namely Shiv Kumar Yadav was posted as Lineman Assistant Class-1 in Chhattisgarh State Power Distribution Company Limited, City Division, Raipur (for brevity “CSPDCL”). On 20.12.2008, father of the petitioner died in harness leaving behind the petitioner and his widow wife namely Sofia Begam. Thereafter, on 03.11.2009, the petitioner filed an application for compassionate appointment through his mother before the Competent Authority. However, the said application was not considered as at that time, the petitioner was only aged about 14 years. Thereafter, in the year 2012, when the petitioner became major, he received a letter on 25.07.2012 to file a fresh application for compassionate appointment. Thereafter, the petitioner submitted his claim and the process for compassionate appointment was initiated by the respondent/Authorities. However, on 08.01.2016, the respondent/Authority rejected the claim of the petiti
The need for immediacy in providing compassionate appointment and disentitling relief due to undue delay.
The main legal point established in the judgment is that compassionate appointment should be sought with immediacy to mitigate the hardship caused due to the death of the bread earner in the family, ....
Compassionate appointment applications by minor dependents must be made within prescribed scheme time-limits; failure to adhere bars consideration post-attainment of majority.
Compassionate appointment claims must be filed within stipulated timelines; delay undermines the purpose of relief intended for immediate financial distress and is not a vested right.
Compassionate appointment is an exception, not a right, intended for immediate relief to families in financial crisis following the death of a breadwinner, and delays in application undermine this pu....
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