Bhleram Raikwar vs The State Of Madhya Pradesh
2021 Latest Caselaw 567 MP

                                                         1                              WP-9341-2020
                              The High Court Of Madhya Pradesh
                                         WP-9341-2020
                                 (BHLERAM RAIKWAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                      Jabalpur, Dated : 09-03-2021
                             Shri Kabeer Paul, learned counsel for petitioner.

                             Shri Anuj Shrivastava, learned Panel Lawyer for respondents/State.

Petitioner has filed this writ petition making a prayer that respondents authorities be directed to grant compassionate appointment to petitioner within some stipulated period of time.

It is submitted by the counsel appearing for petitioner that father of petitioner died on 19.04.2002. Petitioner attained majority on 26.07.2011. After attaining majority, he filed an application for grant of compassionate appointment. Thereafter respondents did not consider and decide the case of petitioner. Petitioner made repeated representations in year 2012, 2018 and 2019 before the authorities, but same were not considered. He made a limited prayer that respondents be directed to consider and decide the representation preferred by him for grant of compassionate appointment.

Counsel appearing for petitioner submitted that he has also filed an

application for condonation of delay. In his application, it has been mentioned that he attained majority on 26.07.2011, thereafter, he made numerous representations to the authorities but same were not considered. Mother of petitioner is 80 years old age and suffering from various ailments, therefore, he could not approach the Court immediately. In view of same, a prayer is made to condone the delay and latches.

Counsel for petitioner relied on judgments reported in 2016 SCC OnLine MP 6454 (Jagdish Kumar Pawar V. State of M.P.), 2012 SCC OnLine MP 3468 (Raghvendra Sharma V. State of M.P.) and 2016 SCC OnLine MP 10704 (Santosh Rathore V. State of M.P. and another). In said cases, delay was considered and it was held that delay was not attributable to petitioner.

Signature Not SAN Verified In the present case, petitioner did not approach this Court within a Digitally signed by SUNIL KUMAR PATEL Date: 2021.03.10 18:07:24 IST 2 WP-9341-2020 reasonable period of time. Though respondents have not decided the application filed by petitioner but petitioner has slept over his right and has not taken any action. In view of same, the case of petitioner is distinguishable.

Policy of compassionate appointment is to give immediate relief to the dependent of a deceased government employee. Due to sudden demise, said

dependents face hardship and problem in respect of their livelihood and therefore, policy has been formulated to give them immediate relief. Petitioner had become major in year 2011 and for almost 9 years, he did not take any steps to approach this Court that his case has not been decided by respondents. Filing of various representations will not make a dead opinion alive. No fresh cause of action will be accrued to petitioner by filing fresh representation. Petition filed by petitioner suffers from delay and latches, therefore, same is dismissed.

(VISHAL DHAGAT) JUDGE

sp/-

Signature
 SAN      Not
Verified

Digitally signed by
SUNIL KUMAR
PATEL
Date: 2021.03.10
18:07:24 IST