KAMLA DEVI Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Through the present petition, the petitioner challenges order dated 08.03.2013 (Annexure P-8), through which the petitioner's claim for seeking compassionate appointment has been rejected. The petitioner further prays for the issuance of a direction to the respondents to appoint her son on compassionate basis or to make payment of Rs. 5 lacs as ex-gratia compensation under the Haryana Compassionate Assistance to Dependents of Deceased Government Employees Rules, 2005 (hereinafter referred to as the 2005 Rules). After hearing counsel for the parties and perusing the record with their able assistance, the facts that have emerged are that on 12.03.2000, petitioner's husband, while serving in the Haryana Police as a Constable, expired. After the passage of over 11 years, on 19.07.2011, the petitioner made an application for seeking compassionate appointment for her son. The reason given for the delay in making the application was that at the time of death of her husband, her son was minor. The application of the petitioner was considered and through order dated 08.03.2013, was rejected. Laying a challenge to the afore-referred order, the present petition has been filed for the reliefs, as mentioned above.

(2.) The record reveals that the claim for compassionate appointment was made by the petitioner after over 11 years of the death of her husband. As per the law settled by the Apex Court, as also this Court through a catena of judgments, after an inordinate, unexplained and unjustifiable delay of over 11 years, no compassionate appointment can be granted as the same would be against the very objects and principles, for which such appointment is made. In this regard, the following paragraphs of the judgment of the Apex Court in the case ofUmesh Kumar Nagpal vs. State of Haryana, 1994 4 SCC 138 can usefully be referred to :-

(3.) To the same effect, is another judgment of the Apex Court in the case of TheChief Commissioner, Central Excise and Customs, Lucknow and others vs. Prabhat Singh, 2012 13 SCC 412 , in which it has been held as under :-