Court No. - 5
Case :- WRIT - A No. - 9472 of 2021 Petitioner :- Smt. Sonamati Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for respondents.
By means of present writ petition, the petitioner has prayed for following reliefs:-
"(i) Issue a writ, order or direction in the nature of mandamus directing the respondent No.3 to provide/give the service to the son of the petitioner on compassionate appointment on suitable post.
(ii) Issue a writ, order or direction in the nature of Mandamus directing the respondent No.3 to decide the application dated 07.02.2010, 15.08.2019 and 29.05.2021 moved by the petitioner, pending before him within stipulated period as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case in accordance with law.
(iii) Issue any other suitable writ, order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.
(iv) Award the cost of the writ petition to the petitioner."
The husband of petitioner was working under the respondent no.3-Kanauriya Chemicals Ltd. Renukoot, Sonbhadra, District Sonbhadra and died in harness on 03.06.1981. The petitioner has approached this Court praying for the aforesaid relief after more than 40 years from the date of death of her husband.
There is no explanation for the delay of more than 40 years in approaching this Court. The object of compassionate appointment is to provide immediate succour to the petitioner and in the instant case, the petitioner has already survived for more than 40 years after death of her husband.
Since, there is an inordinate delay of about 40 years in filing the present writ petition without there being any proper explanation of delay in filing the same, this Court does not find any good ground to grant relief as prayed for in the writ petition. Accordingly, the writ petition is dismissed on the ground of delay and laches.
Order Date :- 12.8.2021 NS