LAWS(UTN)-2018-5-57

PREMA PAPNEY Vs. GENERAL MANAGER (PERSONNEL) AND OTHERS

Decided On May 07, 2018
Prema Papney Appellant
V/S
General Manager (Personnel) And Others Respondents

JUDGEMENT

(1.) Father of petitioner namely Sri Shiv Nandan Papney, was working as Senior Clerk with the respondent Corporation. He died in harness on 29.05.2008. Initially, mother of the petitioner applied for compassionate appointment. When nothing was done, petitioner, after attaining the age of majority, moved an application seeking compassionate appointment on 04.04.2011, however, again no action was taken. Feeling aggrieved, petitioner had filed writ petition before this Court being WPSS No. 512 of 2017. This Court vide order dated 30.03.2017 directed the respondents to consider the case of petitioner for compassionate appointment. Respondent no. 2 vide order dated 22.04.2017 rejected the claim of the petitioner. Feeling aggrieved, petitioner has again approached this Court.

(2.) Hon'ble Apex Court in the case of Bhawani Prasad Sonkar Vs. Union of India and others, (2011) 4 SCC 209 has held as under:

(3.) Recently, Hon'ble Apex Court in Civil Appeal No. 251 of 2017 (Union of India Vs. Sima Banerjee) decided on 10.01.2017 has held that the object of compassionate appointment is to enable the family to tide over the sudden crisis, as laid down by this Court in Umesh Kumar Nagpal Vs. State of Haryana 2 & Ors., (1994) 4 SCC 138 and in State of U. P. & Ors. Vs. Pankaj Kumar Vishnoi, (2013) 11 SCC 178, therefore, direction to give compassionate appointment, several years after death, was not justified.