MUNNI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. Ganesh Prasad Singh, learned Senior Counsel for the appellants and Mr. Arun Kumar Arun, learned counsel appearing on behalf of the Union of India.

(2.) THIS Letters Patent Appeal is directed against the order dated 6.7.2004 passed by a learned Single Judge of this Court in C.W.J.C. No. 10386 of 2003 whereby and whereunder the writ application was dismissed rejecting the prayer of the appellant no. 1 for her appointment on compassionate ground. It appears from the pleadings of the parties that the husband of appellant no. 1 died -in -harness in the year 1987 while working as Lance Nayak in Indian Army. The appellant no. 1 -widow thereafter applied for her appointment on compassionate ground, according to her, some times in the year 1991. The matter, thereafter, remained pending and ultimately vide letter dated 30th June, 2003 and 8.8.2003 it was communicated to appellant no. 1 that her prayer for appointment on compassionate ground was rejected, which necessitated her coming to this court invoking its writ jurisdiction.

(3.) IT is submitted by learned counsel for the appellants that the application filed by the appellant no. 1 remained pending for several years as the matter was under process and from time to time she was asked to furnish details which was done by the appellant no. 1 but ultimately after a long period her prayer was rejected in 2003. It is further submitted by learned counsel that though she was getting family pension and that would, in no way, debar her from getting appointment on compassionate ground as per the settled law that any pecuniary benefit received under rules would not disqualify the incumbent for appointment on compassionate ground. Counsel for the appellants in these view of the matter, submitted that learned Single Judge of this court merely could not have dismissed the writ application on the ground fof delay and laches alone.