LAWS(JHAR)-2023-3-157

VISHWANATH DAYAL RAM Vs. UNION OF INDIA

Decided On March 28, 2023
Vishwanath Dayal Ram Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The instant writ petition, under Article 226 of the Constitution of India, has been preferred for quashing order dtd. 10/4/2019 passed by learned Central Administrative Tribunal, Circuit Bench, Ranchi in O.A. No. 329 of 2019 whereby his claim for appointment on compassionate ground has been dismissed on the ground of limitation.

(2.) Admitted case herein is that the father of the petitioner died in harness sometimes in the year 2002. Thereafter, the petitioner submitted representation before the respondents on 2/11/2022 which was rejected vide order dtd. 27/9/2005 but the writ petitioner did not challenge order dtd. 27/9/2005 fairly for a long period of 10-11 years and on 27/6/2016 filed another representation but when no decision was taken thereupon, the petitioner moved before learned Tribunal by filing O.A. No. 329 of 2019. The learned Tribunal, taking into consideration the fact that the application has been filed after lapse of 11 years has dismissed the original application, which is under challenge before this Court.

(3.) Law is well settled by taking into consideration the very object and intent of the appointment on compassionate ground, which is to be provided to grant succor to the dependent of the deceased-employee, as has been held in the judgment rendered in Umesh Kumar Nagpal v. State of Haryana [(1994) 4 SCC 138] wherein at paragraph 6, it has been held as under: