LAWS(HPH)-2017-4-44

HEMAVATI Vs. NHPC LIMITED AND OTHERS

Decided On April 01, 2017
Hemavati Appellant
V/S
Nhpc Limited And Others Respondents

JUDGEMENT

(1.) This writ petition has been filed with the following substantive prayers:

(2.) The facts, in brief, are that the husband of the petitioner Paras Ram, who was employed Senior Foreman with the respondents, died on 22.12.2002 after rendering 25 years 2 months and 8 days service to his credit. The petitioner applied for compassionate appointment; however, her case was rejected on 31.8.2006. But the petitioner took no steps to assail the order of rejection and has now filed this instant petition for the reliefs as reproduced above.

(3.) The respondents have filed the reply wherein the main thrust, in the preliminary objections, is that looking to the very nature of the object of compassionate appointment, which is primarily to help the family to tide over the financial crises, which it faces at the time of death of the sole bread winner, the compassionate appointment cannot be claimed after a lapse of more than 15 years of the death of husband of the petitioner. It is further averred that the petitioner is estopped from filing the writ petition on account of her act and conduct whereby she has not even chosen to assail the order whereby her claim for compassionate appointment was rejected as far as back on 31.8.2006.