LAWS(JHAR)-2012-9-59

LAXAMI DEVI Vs. DIRECTOR

Decided On September 05, 2012
LAXAMI DEVI Appellant
V/S
DIRECTOR Respondents

JUDGEMENT

(1.) HUSBAND of the petitioner Ram Gopal Yadav had expired on 20th September, 2004 in harness. The petitioner had applied for compassionate appointment on 8.12.2006, almost after 25 months from the date of death of the employee. Application of the petitioner was rejected vide impugned order dated 08/09.06.2007 (Annexure 3) on the ground that the applicant seeking compassionate appointment ought to have been moved within 18 months from the date of death of the employee. Since the application was moved after 25 months, therefore, it cannot be considered by the department.

(2.) THE Hon'ble Apex Court in the case of Bhawani Prasad Sonkar vs. Union of India and others [(2011) 4 Supreme Court Cases 209] in paragraphs 18, 19 and 20 has held as under:--

(3.) SINCE there is no provision in the scheme for relaxation of time limit for moving an application seeking compassionate appointment, therefore, no writ can be issued for relaxation of the time limit.