IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
AMITENDRA KISHORE PRASAD
Nijesh Chauhan S/o Late Basant Chauhan – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
1. The petitioner calls in question the order dated 16.01.2023 (wrongly mentioned by the petitioner in the writ petition as well as prayer clause as 16.03.2023) passed by respondent No.1 whereby the application filed by the petitioner seeking compassionate appointment was rejected on the ground that the claim was made at a belated stage.
2. By filing the instant writ petition, the petitioner has prayed for following relief(s):-
“10.1 That, this Hon'ble Court may kindly be please to quash the order dated 16-03-2023 (Annexure P-7) passed by respondent No.1, in the larger interest of justice.
10.2 That, this Hon'ble Court may kindly be please to direct the respondent authority to grant of compassionate appointment to the petitioner.
10.3 That this court may kindly direct the respondent authority to pay appropriate compensation for the hardship suffered by the petitioner and his family due to the delay caused by the respondent authority.
10.4 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner together with cost of the petition.”
3. The father of the petitioner was working as a Circle Coordinator ¼eaMy la;kstd½ at Gharghod
Shiba Shankar Mohapatra and others v. State of Orissa and others
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.
The need for immediacy in providing compassionate appointment and disentitling relief due to undue delay.
Compassionate appointments are not inherent rights, necessitating prompt application to address immediate family financial distress after the death of an employee.
Compassionate appointment is intended for immediate relief in case of death of a breadwinner, and applications must be timely; delays undermine claims for such appointments.
The main legal point established is the need for immediacy in compassionate appointments and the consideration of the financial condition of the deceased employee's family.
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