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VIPIN SANGHI, R. C. KHULBE
Kanti Devi – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT
Vipin Sanghi, CJ. - Delay Condonation Application No. 01 of 2022. Counsel for the respondents fairly does not oppose the application seeking condonation of delay of 109 days in filing the present appeal. We, accordingly, condone the delay, and allow the application.
2. The present appeal is directed against the order dated 30.07.2021, passed by the learned Single Judge dismissing the writ petition preferred by the appellant, being Writ Petition (S/S) No. 927 of 2021.
3. The appellant had preferred the said writ petition to seek a direction to the respondents to grant her compassionate appointment under the Dying in Harness Rules. The case of the appellant was that her mother was serving the respondent. The mother of the appellant died in harness on 02.01.2012. She applied to seek compassionate appointment. It is a matter of record that on 16.05.2013, a resolution was passed by the respondent Nagar Palika Parishad to consider the appellant's case for grant of compassionate appointment. The appellant thereafter took no steps whatsoever. She represented on 13.11.2019. Thereafter, she preferred the aforesaid writ petition in the year 2021. The learned Single Judge has dismissed t
Compassionate appointments cannot be claimed as a matter of right and are not considered as a source of regular recruitment.
The government cannot benefit from its own wrong, and a valuable right accrued due to the appellants' inaction.
Unexplained delay can be a ground to decline jurisdiction under Article 226, and the principles governing compassionate appointment must be strictly followed.
Compassionate appointments require timely applications to establish immediate financial need; delays undermine legitimacy and are not condoned under constitutional principles.
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