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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
AMITENDRA KISHORE PRASAD
Nijesh Chauhan S/o Late Basant Chauhan – Appellant
Versus
State of Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. challenge to compassionate appointment process (Para 1 , 2) |
| 2. background on the petitioner's family situation and application (Para 3 , 4 , 6) |
| 3. petitioner's arguments against delay in application (Para 7 , 8 , 9) |
| 4. state's opposition regarding delay in application submission (Para 10 , 11 , 12) |
| 5. judicial emphasis on compassionate appointment eligibility (Para 14 , 15) |
| 6. legal framework against stale claims for appointment (Para 19 , 21) |
| 7. rejection of petitioner's claim based on legal principles (Para 20 , 22) |
| 8. dismissal of the petition without costs (Para 24 , 25) |
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 T
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.
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