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DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
Devendra – Appellant
Versus
NDMC – Respondent
| Table of Content |
|---|
| 1. delay in filing writ petition (Para 2 , 3) |
| 2. writ petition dismissed due to delays (Para 4 , 5) |
| 3. court's reasoning on jurisdiction for delay (Para 6 , 7) |
JUDGMENT
[Court hearing convened via video-conferencing on account of COVID-19]
Rajiv Shakdher, J. (Oral)--We had heard the matter at some length on the previous date i.e., 11.01.2022. After hearing Mr Ujjwal Goel, learned counsel for the petitioner, on the said date, the following was recorded:
"2. This is a writ petition directed against the order dated 07.09.2018, passed by the Central Administrative Tribunal [in short "the Tribunal"] in O.A.No.10/2016.
3. First and foremost, we are unable to gather as to why there has been a delay in bringing up the present writ petition.
3.1. Mr. Ujjwal Goel, who appears on behalf of the petitioner, says that the writ petition was filed on 07.03.2019. There is, however, nothing on record to show that the writ petition was filed on 07.03.2019.
3.2. According to Mr. Goel, upon filing the writ petition, diary no.211540 was allocated to the matter by the Registry.
3.3. The Registry will submit a report as to when the writ petition was filed, in the first instance.
4. That apart
Timely action is essential in legal proceedings; undue delays can result in dismissal of claims for relief, particularly in administrative matters.
Compassionate appointment is not a right and must be pursued diligently; significant delays can undermine the claim.
Unexplained delay can be a ground to decline jurisdiction under Article 226, and the principles governing compassionate appointment must be strictly followed.
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.
Delay and laches in seeking legal remedy for compassionate appointments would extinguish the objective of providing immediate amelioration to the family.
The court emphasized the importance of diligence and timely pursuit of rights, citing legal principles from various cases to support the decision to leave the consideration of the petitioner's applic....
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