Kamlesh Tiwari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (SERVICE) NO. 1783 OF 2021 • Kamlesh Tiwari, S/o Late S.K. Tiwari, aged about 37 years, R/o Village Amapara, P.S. Azad Chouk & Tahsil Raipur, District Raipur (CG) ... Petitioner versus 1.

State of Chhattisgarh, through Secretary, General Administration Department, Mantralaya, Capital Complex, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur (CG) 2.

Deputy Director, Rojgar Sanchalanalaya (Employment & Training), Raipur, District Raipur (CG) 3.

District Employment Officer, Kondagaon, District Kondagaon (CG) ... Respondents For Petitioner :

Mr. Akhat Kumar Yadav, Advocate.

For Respondents :

Mr. Jitendra Pali, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 07/06/2021

1. The present is a second round of litigation on the issue of compassionate appointment.

2. Earlier, a Writ Petition was filed also filed by the Petitioner in the year 2004 being WPS No. 2664/2004. The said Writ Petition was withdrawn by the Petitioner when the learned State Counsel had raised an objection on the ground of delay. The said Writ Petition was withdrawn on 8.11.2011. While withdrawing the Writ Petition, this High Court had permitted the Petitioner to avail the remedies available to him on the administrative side by making representation. Subsequently, after more than 7 years, the present Writ Petition has again been filed by the Petitioner on the same set of facts and for the same relief.

3. Given the said facts, this Court is of the opinion that the present Writ Petition suffers from delay and laches and moreover the second Writ Petition for the same cause of action is not entertainable.

4. Writ Petition accordingly stands dismissed on the ground of delay and laches alone.

Sd/- (P. Sam Koshy) JUDGE sharad