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VIJAY BISHNOI, KAUSHIK GOSWAMI
Darash Mathur, S/o. Late H. S. Mathur – Appellant
Versus
Bina Devi, W/o. Late Atul Nath – Respondent
JUDGMENT :
(Kaushik Goswami, J.)
Heard Mr. K.N Choudhury, learned Senior Counsel assisted by Mr. N. Gautam, learned counsel for the appellants. Also heard Mr. J. Kalita, learned counsel for the respondent No.1.
2. This appeal is presented against the order dated 07.06.2024 passed by the learned Single Judge in I .A. (C) no. 3163/ 2018, whereby the prayer of the appellants for expunging the adverse remarks against them, contained in judgment & order dated 26.09.2016, has been rejected.
3. The facts of the case are that the respondent No.1/ petitioner’s husband died in harness on 02.01.2005 while being employed as a constable in the Forest Department . Accordingly, the respondent No.1/ petitioner filed an application for compassionate appointment on 25.11.2005. However, there being no response from the respondent authorities with regard to consideration of the case of the respondent No.1/ petitioner, the respondent No.1/ petitioner filed WP(C) No. 1652 of 2009 before the learned Single Judge, which was disposed of by order dated 27.05.2009 directing the respondent authorities to consider the case of the respondent No.1/ petitioner for compassionate appointment as per the directions con
The court clarified that remarks made by a learned Single Judge are observations and not definitive findings, justifying their expungement when unsupported by evidence.
Compassionate appointment must be claimed promptly to address immediate financial crises; delay undermines the claim.
Compassionate appointments must be made promptly to address financial crises; delays render such claims stale and unmeritorious.
Compassionate appointment claims are contingent on urgency; significant delays may render applications stale and unjustified, nullifying the relief sought.
Compassionate appointment claims must be considered promptly; significant delays can negate the urgency required, making applications stale.
Compassionate appointments are intended for immediate relief, and claims made after significant delays cannot be entertained as the necessary urgency is lost.
Compassionate appointment is not a right and must be pursued diligently; significant delays can undermine the claim.
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