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2009 Supreme(Jhk) 348

D.K.SINHA
Balkesh Laguri – Appellant
Versus
State of Jharkhand – Respondent


Advocates appeared:
For the Appellants Mr. R.P.Gupta
For the Respondents Mr.M.J.Rahman, JC to GP III

JUDGMENT :

This appeal has been preferred by the appellant, Balkesh Laguri , against the order dated 10.6.2008 passed in W.P.(S) No.3587/2007, by which the learned Single Judge had been pleased to dismiss the writ petition, holding therein that the petitioner-appellant herein could not have been allowed to claim appointment on compassionate ground in place of his deceased father.

2. The learned Single Judge had rejected the petition on two grounds. First of all, the learned Single Judge held that the petitioner applied for appointment on compassionate ground on 22.1.2001 and even though the appointment was not granted to him, he waited for a period of approximately 7 years and filed the writ petition for the first time on 3.7.2007. Thus, the learned Single Judge was pleased to hold that if the dependent of the deceased like the petitioner survived for 9 years without a job on compassionate ground, then in view of the ratio of the case reported in (1994) 4 SCC 138 (Umesh Kumar Nagpal Vs. State of Haryana & Ors.), he could not claim appointment after the crisis in his family was over. Thus, on the ground of delay in filing the writ petition, by which the order denying appointment of















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