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SUJIT NARAYAN PRASAD, SUBHASH CHAND
Santosh Kumar, s/o. Late Atulya Prasad – Appellant
Versus
State of Jharkhand through, The Secretary, Department of Health and Family Welfare – Respondent
JUDGMENT :
I.A. No.9685 of 2022
1. This interlocutory application has been preferred under Section 5 of the Limitation Act for condoning the delay of 443 days in preferring this Letters Patent Appeal.
2. Heard.
3. No counter affidavit has been filed opposing the prayer for condoning the delay.
4. Having regard to the averments made in this application, we are of the view that the appellant was prevented by sufficient cause from preferring the appeal within the period of limitation.
5. Accordingly, I.A.No.9685 of 2022 is allowed and delay of 443 days in preferring the appeal is condoned.
L.P.A. No.381 of 2019
6. The instant intra-court appeal preferred under Clause-10 of Letters Patent Appeal is directed against the order/judgment dated 07.02.2019 passed by the learned Single Judge of this Court in W.P.(S) No.2808 of 2018, whereby and whereunder, the learned Single Judge while dismissing the writ petition, has refused to grant any relief to the writ petitioner for seeking appointment on compassionate ground.
7. The brief facts of the case, as per the pleading made in the writ petition, required to be enumerated, are as hereunder:-
It is the case of the writ petitioner that the father
Compassionate appointment must adhere to the prescribed regulations, and the purpose is to provide immediate financial assistance to the family of the deceased employee.
Compassionate appointment cannot be given as a matter of course and depends upon various factors, including the financial condition of the family of the deceased and other relevant factors.
The delay and laches in seeking appointment on compassionate ground, and the lapse of 30 years since the employee's death, barred the claimant from entitlement to such appointment.
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