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AJAY BHANOT
Hari Shankar Pandey – Appellant
Versus
Northern Coalfields Ltd. Beena Project – Respondent
JUDGMENT
Ajay Bhanot, J.
Heard Shri Deepak Kumar Ojha, learned counsel for the petitioner and learned counsel for the respondents.
2. The petitioner claims that he is entitled for appointment, under the Dying-in-Harness Rules. The petitioner has made several representations on 21/26.12.2006, 0309.2007 and 15.11.2007 for grant of appointment on compassionate grounds.
3. The submission of learned counsel for the petitioner is that the petitioner could not apply for appointment on compassionate grounds in the immediate aftermath of the death of his father since he was minor at that point in time. The petitioner applied for appointment after he attained majority. The petitioner cannot be faulted for the delay on his part in making such application.
4. Learned Standing Counsel raises a preliminary objection to the maintainability of the writ petition. He submits that the petition is barred by delay and laches. No satisfactory explanation to the delay and laches on part of the petitioner in approaching this Court has been made in the writ petition. He submits that the delay in making the claim for appointment is not liable to be condoned. The family of the petitioner did not face any immed
Grant of compassionate appointment - Purpose of compassionate grounds appointments to tide over sudden crisis resulting from death of earner in a family. However reservation of a vacancy to enable su....
Compassionate appointments must comply strictly with applicable rules, and delays in application negate claims for such appointments, emphasizing they are exceptions, not rights.
Compassionate appointment is a concession, not a legal right, and requires compliance with specific provisions while emphasizing immediate application to demonstrate need.
Compassionate appointment is an exception, not a right, intended for immediate relief to families in financial crisis following the death of a breadwinner, and delays in application undermine this pu....
Compassionate appointment is an exception to the general rule and is meant to provide immediate help to the family of the deceased breadwinner. Appointment on compassionate ground is a concession and....
The need for immediacy in providing compassionate appointment and disentitling relief due to undue delay.
Point of Law : As more than 30 years have passed since the father of the petitioner/appellant had expired, neither there is any useful purpose to issue any positive direction, nor the facts of the ca....
Compassionate appointments require timely applications to establish immediate financial need; delays undermine legitimacy and are not condoned under constitutional principles.
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