K LINGA BOSE Vs. CHIEF ENGINEER

JUDGEMENT

(1.) The order of rejection dated 23.01.2006, in respect of the claim of the writ petitioner, seeking compassionate appointment is under challenge in this writ petition.

(2.) The learned Counsel appearing on behalf of the writ petitioner states that the father of the writ petitioner was employed in the second respondent Electricity Board and passed away on 25.10.1988, while he was in service. At the time of the demise of the deceased employee, the writ petitioner was a minor and was aged about only 6 years and he was unable to submit any application seeking compassionate appointment. Thus the application seeking compassionate appointment by the writ petitioner was filed only in the year 2001. The application preferred in the year 2001 was rejected in the year 2002 and the writ petitioner has earlier filed WP(MD) No.35454 of 2005 and this Court passed an order dated 08.11.2005, directing the authorities to dispose of the representation dated 09.11.2004, if it is otherwise valid and the petitioner is entitled to for the relief. Pursuant to the order of this Court, the impugned order was passed in proceedings dated 23.01.2006, stating that the writ petitioner has not submitted any application seeking compassionate appointment within a period of 3 years from the date of demise of his father. Further, it is stated that in the impugned order that the writ petitioner has not attained the age of 18 years at the time of the death of the deceased employee and therefore the application submitted by the writ petitioner beyond a period of 3 years cannot be considered by the authorities.

(3.) The learned counsel appearing for the writ petitioner made submissions that the family of the writ petitioner is still in penurious circumstances. The Constitutional Courts cannot show any misplaced sympathy so as to provide appointment in public services, which will affect the constitutional rights of all those eligible candidates, who are aspiring to secure public employment under the constitutional schemes and by participating in the open competitive process.