Jharkhand High Court
Vishwanath Dayal Ram vs Union Of India on 28 March, 2023
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 4140 of 2022
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Vishwanath Dayal Ram, aged about 50 years, son of Late
Saligram Mochi, resident of Village: Dugda, PO & PS:
Dugda, District: Bokaro. ... ... Petitioner
Versus
1.Union of India, represented through General Manager,
East Central Railway, PO & PS: Hajipur, District - Hajipur.
2.Divisional Railway Manager, East Central Railway,
D.R.M. Building, Dhanbad Division, PO & PS: Dhanbad,
District - Dhanbad
3.Senior Personnel Officer, East Central Railway, Dhanbad
Division, PO & PS: Dhanbad, District-Dhanbad.
... ... ... Respondents
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE SUBHASH CHAND
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For the Petitioner : Mr. A.K. Sahani, Advocate
Mr. Ajit Kumar, Advocate
For the Respondents : Mr. Prashant Kumar Singh, Adv.
Order No. 05/Dated 28th March, 2023
The instant writ petition, under Article 226 of the
Constitution of India, has been preferred for quashing order
dated 10.04.2019 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 02.11.2022 which was rejected vide
order dated 27.09.2005 but the writ petitioner did not
challenge order dated 27.09.2005 fairly for a long period of
10-11 years and on 27.06.2016 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:
"6. For these very reasons, the compassionate employment
cannot be granted after a lapse of a reasonable period which
must be specified in the rules. The consideration for such
employment is not a vested right which can be exercised at
any time in future. The object being to enable the family to get
over the financial crisis which it faces at the time of the death
of the sole breadwinner, the compassionate employment
cannot be claimed and offered whatever the lapse of time and
after the crisis is over."
4. Herein, even though the father of the petitioner died
in the year 2002 and the representation for grant of
compassionate ground was filed on 02.11.2002, which was
rejected on 27.09.2005 but the writ petitioner has accepted
the said order of rejection of appointment on
compassionate ground fairly for 10-11 years and did not
challenge the same before the Court of law rather he filed
another representation on 27.06.2016 for the same relief
but when said relief was denied, the petitioner moved
before the learned Tribunal.
5. The learned Tribunal, taking into consideration the
aforesaid reason rejected the original application filed by
the petitioner, which according to our considered view
cannot be suffer from error reason being that very purpose
and object of appointment on compassionate ground is not
found to be available since the dependent of deceased
family since has been able to survive for more than a
decade there is no reason to provide appointment on
compassionate ground since compassionate appointment is
not alternative source of appointment.
6. Accordingly, there is no reason to interfere with the
order passed by the Tribunal.
7. Accordingly, the instant writ petition, devoid of
merit, is dismissed.
(Sujit Narayan Prasad, J.)
(Subhash Chand, J.)
Alankar/-
