PUSHPENDRA NATH SONESARE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The appeal is directed against the order dated 11.09.2015 passed by the learned Single Judge in Writ Petition (S) No.4059 of 2008. The claim for compassionate appointment has been rejected by the learned Single Judge on the ground that the Appellant had moved his application for such consideration after 5? years of death of deceased employee.

(3.) No doubt, compassionate appointment is not a fundamental right, however, it is still creature of a policy. So long as the policy exists, the "dos and don'ts" will flow therefrom. As for the present case is concerned, admitted position is that the father of the Appellant was an Assistant Teacher who died in harness on 212.2002. At the time of death of the erstwhile employee, the Appellant was minor between 11 or 12 years of age. He moved the authorities for consideration soon after attaining the age of majority for which an application was filed sometimes in August, 2008. It came to be rejected by the Respondent authorities vide their order dated 16.01.2009 on the ground of delay.