PRATYAKSHA SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner herein calls in question the impugned order dtd. 10/08/2010 (Annexure P?1) by which her application for grant of compassionate appointment has been rejected by respondent No.2 on the ground that she is married daughter of deceased government servant and therefore, in view of policy prevalent, she is not entitled for privilege of compassionate appointment.

(2.) Ms Prakritee Jain, learned counsel appearing for the petitioner, would submit that in view of law declared by this Court in WPS No.296/2014 (Smt.Sarojni Bhoi v. State of Chhattisgarh and others) decided on 30/11/2015, the petitioner would be entitled for compassionate appointment though she is married daughter. Therefore, the impugned order dtd. 10/08/2010 (Annexure P?1) is liable to be set aside.

(3.) On the other hand, Mr.Ravi Bhagat, learned Deputy Government Advocate appearing for the respondents/State, would submit that the impugned order was passed on 10/08/2010 and the present writ petition was filed on 06/01/2016 and as such, this writ petition suffers from delay and laches and therefore, the petitioner is not entitled for benefit of compassionate appointment. Even otherwise, the petitioner has survived for a fairly long time and therefore, no useful purpose would be served by directing for consideration of the petitioner's case for grant of compassionate appointment.