CHANDRA BHUSHAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE father of the petitioner was working as a Sergeant in the district police and died in a bus accident on 6.1.1985. The case of the petitioner is that the wife of the deceased employee, namely, the mother of the petitioner applied for appointment on compassionate ground an 10.1.1986. She reiterated her prayer on 5.9.1986. Again she applied on 1.10.1989 stating that since she is suffering from indifferent health, her son may be appointed. The petitioner was physically examined for fitness in the year 1993 and the Superintendent of Police recommended his case for appointment. The Compassionate appointment Committee has rejected the application only on the ground that the application of the petitioner with the recommendation was received by the Committee after eight years.

(3.) WHILE it is true that in such matters delay in making application defeat the right itself, but that is if the petitioner is guilty of delay in making the application. If the authorities considering the application make an inordinate delay and consequently the delay is on account of circumstances beyond the control of the petitioner, the petitioner's right cannot be defeated on the ground of delay caused by the authorities themseleves.