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2022 Supreme(All) 393

AJIT KUMAR
Laxmi – Appellant
Versus
Canara Bank – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shiv Kumar Gupta, Mahrani Deen Yadav
For the Respondent: Krishna Mohan Asthana

JUDGMENT :

1. Heard learned counsel for the parties and perused the record.

2. By means of this writ petition filed under Article 226 of the Constitution, the petitioner has prayed for a direction to the respondents to consider the claim of the petitioner seeking compassionate appointment raised in her representation dated 18th December, 2021.

3. Sri Krishna Mohan Asthana, learned counsel for the respondents submits that sole bread earner had died on 27th December, 2007 and all the dues were paid to the dependents and further he submits that no such application for compassionate appointment was filed for a period of 13 years and now for the first time application seeking compassionate appointment was made in the year 2021.

4. It is submitted that the compassionate appointment is exception to the general rule of appointment and is offered to the dependents to tide over the situation to meet the sudden crisis on account of death of sole bread earner of the family.

5. The dependents, who have been able to survive for more than 13 years cannot claim compassionate appointment as a matter of right as no such situation has been pleaded except the fact that earlier married daughter had been div

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