Court No. - 33
Case :- WRIT - A No. - 14220 of 2015 Petitioner :- Danish Abbas Khan Respondent :- District Inspector Of Schools And 2 Ors. Counsel for Petitioner :- Indra Raj Singh,Adarsh Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner's mother was an Assistant Teacher, who died in harness on 07.03.1997. Petitioner was a minor then. He has an elder sister who apparently filed an belated application for grant of compassionate appointment but her claim was rejected on the ground that her application was moved after five years. This order was not challenged. It is after expiry of another five years that petitioner has filed an application for compassionate appointment and a prayer is made to direct the State Government to relax the five year limitation in filing of such application.
Record reveals that petitioner passed Intermediate Examination in the year 2004 and he completed his Graduation in 2009. In the event family required compassionate appointment an application could have been moved earlier or petitioner's sister could have challenged rejection of her claim for compassionate appointment. The petitioner has also not disclosed the status of his father. Law is settled that compassionate appointment cannot be claimed as a matter of right. The ground that petitioner was minor at the time of death of his mother is not sufficient to explain the delay of about 18 years in filing of the application. It has also not been disclosed that family is in penury inasmuch as petitioner's sister got married in 2011 and the details with regard to his father and another family members have not been brought on record. After such long lapse of time, therefore, this Court is not inclined to issue any direction to the State to condone the delay in filing of the application, particularly when the rejection on the ground of delay way back in the year 2011 has not been challenged.
Writ petition lacks merit and is, accordingly, dismissed.
Order Date :- 28.9.2021 Abhishek Singh