NEERAJ BATHAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition under Article 226 read with 227 of the Constitution of India challenging the order of the Tribunal by which the claim for compassionate appointment of the petitioner referred in lieu of death of his father who died in hardness on 17/8/2010 as a Group "D" employee under the Organization of Accountant General has been rejected. Challenge is further made to Annexures P/2 and P/3 by which the said claim was rejected by the respondents.

(2.) It is pertinent to observe that the order of the Tribunal was passed on 24/7/2014 and the present petition was filed as late as on 1/7/2021. The explanation for delay in paragraph 4 of the petition is that the respondents have submitted wrong facts before the Tribunal which mislead the Tribunal for passing the impugned order.

(3.) Be that as it may, in matter of compassionate appointment expeditious approach to the authority as well as to the Court is of prime importance, failing which a presumption arises against the petitioner that he is able to survive and get over the crisis even in the absence of compassionate appointment. The purpose of compassionate appointment is to pull out the dependents of the Government servant who died in hardness from the realm of penury and destitution. If the dependents are able to survive for number of years and thereafter seek compassionate appointment then they have to first to explain the delayed approached to the Court.