GH MOHI-UD-DIN Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of Single Judge dated 20 -08 -1999 whereby writ petition has been dismissed on the ground of laches.

(2.) GHULAM Nabi Dar was line -man with the respondents. Unfortunately, he died in harness leaving behind his widow and minor Ghulam Mohi -ud -Din Dar, appellant in this case. The respondents allowed family pension to the widow who also died on 21 -11 -1973. Appellant got the family pension till he attained majority in 1985. The other aspect of the case is that the widow did not apply for compassionate appointment being illiterate while the appellant could not do so since he was minor. Thereafter, he studied and passed matriculation examination in 1987, fact stated in para three of the writ petition.

(3.) PETITIONER applied for compassionate appointment in 1987. These facts have to be accepted since there is no rebuttal thereto by the respondents since they have not filed objection/reply to the writ petition. However, Single Judge heard Learned counsel for the respondents and came to the conclusion that request for compassionate appointment not justifiable and it was belated as well therefore, liable to be rejected.