Rajasthan High Court
Smt. Prem Kanwar Widow Of Late Shri ... vs The Managing Director ... on 7 October, 2023
Bench: Augustine George Masih, Sameer Jain
[2023:RJ-JP:27572-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 235/2023
IN
S. B. Civil Writ Petition No. 12616/2013
Smt. Prem Kanwar Widow Of Late Shri Gulab Singh, Aged About
46 Years, R/o Chaingarh, Post Mohanwadi, Tehsil Nawalgarh
District Jhunjhunu.
----Appellant
Versus
1. The Managing Director, Ajmer Vidyut Vitran Nigam
Limited, Vidyut Bhawan, Hahi Bhata Jaipur Road, Ajmer.
2. The Superintending Engineer (Jjc), Ajmer Vidyut Vitran
Nigam Limited Jhunjhunu.
3. The Assistant Engineer (O And M), Ajmer Vidyut Vitran
Nigam Ltd., Udaipurwati, District Jhunjhunu.
----Respondents
For Appellant(s) : Mr. R.D.S. Naruka
For Respondent(s) : Ms. Priya Rastogi for
Mr. Ankur Rastogi
HON'BLE THE CHIEF JUSTICE AUGUSTINE GEORGE MASIH
HON'BLE MR. JUSTICE SAMEER JAIN
Order
07/10/2023
1. Challenge in this appeal is to the order dated 30/01/2023
passed by the learned Single Judge, vide which the writ petition as
has been preferred by the appellant for appointment on
compassionate ground challenging the rejection order dated
03/01/2013 which was promptly challenged by way of the writ
petition in the year 2013 itself, has been declined to be interfered
with merely on the ground that there has been lapse of time from
[2023:RJ-JP:27572-DB] (2 of 3) [SAW-235/2023]
the date when the claim was rejected till the disposal of the writ
petition.
2. Learned counsel for the appellant contends that there has
been no delay on the part of the appellant in approaching the
court. Merely because the court has not been able to decide a
particular matter, cannot be taken as a disadvantage at the hands
of the petitioner, who would have approached the court within
time. The reasons and the judgments on which reliance has been
placed by the learned Single Judge would not be applicable to the
case in hand, where there has not been any delay at the hands of
the appellant. Therefore, he prays that the impugned order as has
been passed by the learned Single Judge may be set aside, and
the matter be remanded to the learned Single Judge for fresh
decision on merits.
3. Learned counsel for the respondents on the other hand, has
asserted that the very purpose of granting compassionate
appointment was to bail out the family of the sudden financial
crisis which it faces because of the death of the bread winner for
the family. The said phase having been lapsed because of the
passage of time, no compassionate appointment can be granted.
4. Having considered the submissions made by learned counsel
for the parties and keeping in view the fact that there has not
been any delay on the part of the appellant in approaching the
court, rather unfortunately for the petitioner, the matter could not
be decided and remained pending with this court, the said reason
cannot be taken adversely and to the disadvantage of the
appellant. The court in such circumstances should have proceeded
to decide the case on merits.
[2023:RJ-JP:27572-DB] (3 of 3) [SAW-235/2023]
5. In view of the above, the impugned order dated 30/01/2023
passed by the learned Single Judge is set aside as the writ petition
has been dismissed solely on the ground of lapse of time which is
not on the part of the appellant. The matter has not been dealt
with on merits.
6. The present appeal is allowed and the matter is remanded
back to the learned Single Judge for fresh decision on merits.
7. The parties are directed to appear before the learned Single
Judge on 30/10/2023.
(SAMEER JAIN),J (AUGUSTINE GEORGE MASIH),CJ
Anil Sharma/Pooja/90
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