B. ANANDAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Is delay in approaching the High Court under Article 226 of the Constitution of India fatal for successfully pursuing the claim for a compassionate appointment? The answer to the above question lies in intrinsically analyzing the scheme of compassionate appointment qua the claim of the petitioner.

(2.) The petitioner is the son of one Sri.R.Balachandran Pillai, who was a Constable in Railway Protection Force (RPF). He died on 25/5/2006. An application for compassionate appointment was given by his wife nominating their daughter. The said request was considered and on 11/6/2008, the daughter Kum.Krishna Balachandran Pillai was offered compassionate appointment and she was asked to appear for suitability test. It appears that the daughter of late R.Balachandran Pillai and Valsala did not accept the said offer. Later Smt.Valsala on 10/2/2012, by Ext.P12 requested the authorities to cancel her earlier request and to grant compassionate appointment to the petitioner, who is her son. Later, this was reiterated on 8/1/2014. Considering the said request by Ext.P1 order, the authorities have declined the request and taken a stand that the petitioner cannot be considered for compassionate appointment.

(3.) A counter affidavit has been filed on behalf of respondents 1 to 4. A preliminary objection is taken with regard to the maintainability of the present Writ Petition on the ground that Ext.P1 order is dtd. 16/8/2016, whereas the Writ Petition is filed in the year 2018 and, therefore, there is an unexplained delay. It is also contended in the counter affidavit that the mother had changed the request for nominating the son instead of her daughter for compassionate appointment only in the year 2011. According to the respondents, Kum.Krishna Balachandran Pillai given ample opportunities for appointment which was never utilized. Reliance has been placed on the judgments of the Honourable Supreme Court, which govern the field with regard to the appointment on compassionate grounds. Therefore, it is prayed that the Writ Petition is liable to be dismissed.