KUMAR VIRENDRA BALAJEE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) I .A. No. 9 of 2007 has been filed by the petitioner for condoning the delay of 14 days in preferring this appeal. Perused the application. Having heard learned Counsel for the parties, delay in filing the appeal is condoned. Interlocutory application is, thus, allowed. LPA No. 410 of 2006;

(2.) IN the instant appeal, the appellant is seeking for compassionate appointment. The appellant, son of the deceased employee, filed an application before the department on 30.1.1997 and the same was forwarded by Respondent No. 3 on 31.1.1997 and the same was forwarded by Respondent No. 3 on 31.1.1997. There is no dispute about the fact that the death of the deceased occurred on 19.9.1992. Now the application for compassionate appointment has been rejected on 6.8.2002 mainly on the ground that the application has been filed beyond five years the stipulated period. This order of rejection was challenged before the learned Single Judge. Refusing to go into the question regarding the date of application, the learned Single Judge dismissed the application merely on the reason that it would not enter into the question of facts. Aggrieved by this, the present LPA has been filed. Perusal of the file as well as the counter affidavit filed before this Court do not show anything to indicate that this application was filed beyond five years from the date of the death. On the other hand, it is specific stand of the petitioner -appellant through Paras 7 and 8 of the LPA that the father of the appellant died on 19.6.1992 and the petitioner -appellant filed application on 30.1.1997 and the same was duly forwarded by the Respondent No. 3 on 31.1.1997 and, as such the application has been filed within five years from the date of the death. Admittedly, this has not been controverted in the counter affidavit. It is not in dispute that vide Circular dated 27.4.1995 time frame has been made regarding the appointment on compassionate ground giving five years ' time.