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2023 Supreme(All) 2529

AJAY BHANOT
Hari Shankar Pandey – Appellant
Versus
Northern Coalfields Ltd. Beena Project – Respondent


Advocates appeared:
For the Petitioner: Waqar Haider, Dinesh Kr Chaubey.
For the Respondent: P.N. Srivastava, P.N. Srivastava, Shiv Mohan Dayal.

Table of Content
1. petitioner's entitlement to appointment based on father's death under dying-in-harness rules. (Para 2 , 3 , 7)
2. delay in application affects the entitlement for compassionate appointment. (Para 4 , 20 , 25 , 34)
3. compassionate appointments are exceptions under constitutional principles. (Para 9 , 11 , 17 , 23)
4. compassionate grounds must be based on immediate financial crisis. (Para 10 , 12 , 19 , 21)
5. legal limitations and precedents concerning compassionate appointments. (Para 14 , 15 , 27)
6. lapse of time undermines claims of financial distress. (Para 18 , 29 , 31)
7. immediacy of financial need is essential for compassionate appointment. (Para 28 , 30 , 32)
8. the writ petition lacks merit due to absence of immediate financial penury. (Para 36 , 37)

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 peti

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