LAWS(MPH)-2022-1-65

RAKESH KUMAR MISHRA Vs. STATE OF MADHYA PRADESH

Decided On January 27, 2022
RAKESH KUMAR MISHRA Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This intra Court appeal takes exception to order dtd. 13/7/2021, passed by the learned Single Judge in Writ Petition No. 5344 of 2021, whereby appellant's petition has been dismissed.

(2.) The grievance of the appellant-petitioner is that his father Late Shri Kanhaiya Lal Mishra S/o Late Shri Ramanuja Mishra was working as E-helper in Sub Division of P.W.D Building/Road, Rewa. The father of the appellant-petitioner died in harness on 28/9/1991 after rendering services for a period of almost 27 years. According to the appellant- petitioner, on 31/10/1991 his mother made an application for appointment on compassionate basis and on 22/4/2003 when appellant-petitioner became major, her mother submitted an affidavit giving her consent for appointment of appellant-petitioner on compassionate basis. The appellant-petitioner also stated that various representations were submitted to but no action was taken and, therefore, he filed the petition before this court.

(3.) The learned Single Judge found that father of the appellant- petitioner died in harness on 28/9/1991 and the writ petition was filed in the year 2021, therefore, the same suffers from delay and latches. Hence, the petition was dismissed.