BHOLERAM RAIKWAR Vs. STATE OF M.P.

JUDGEMENT

(1.) This intra Court appeal takes exception to order dtd. 9/3/2021 (Annexure-A-1) passed by the learned Single Judge in Writ Petition No.9341 of 2020 whereby, the writ petition filed by the appellant/writ petitioner has been dismissed.

(2.) The case of the appellant is that his father namely; Shambhu Prasad Raikwar, was working with the respondents-Department as Chowkidar. He died on 19/4/2002 in harness. The appellant attained majority on 26/7/2011 and he immediately filed an application for grant of compassionate appointment. He stated that despite various representations, the authorities did not pass any order, therefore, he filed writ petition before this Court in the year 2020 which has been dismissed by the learned Single Judge on the ground of delay.

(3.) Learned counsel appearing for the appellant submits that the father of the appellant was already regularized in the year 1991 vide Annexure-P-3 to the writ petition. The appellant was not served with any communication from the respondents. Since he was hopeful of passing appropriate order on his request, therefore, the delay has occasioned. The same is not attributable to him and is on account of inaction on the part of the respondents, therefore, the learned Single Judge has erred in dismissing the writ petition only on the ground of delay.