High Court of Punjab and HaryanaCWP/2228/2017dismissed

Jasvir Singh v. State Of Punjab & ORS

2017-02-07Mr. Justice Harsimran Singh Sethi2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 2228 of 2017 Date of decision: 07.02.2017 Jasvir Singh

...Petitioner

Versus

State of Punjab and others

...Respondents

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Brijeshwar Singh Bhalla, Advocate, for the petitioner.

**** JAISHREE THAKUR, J. (ORAL) The petitioner herein is seeking compassionate appointment on account of the death of his father who died in harness. It is contended that father of the petitioner worked with the respondent-department as Fitter Mechanic and expired on 23.05.2003 while in service. The petitioner addressed a letter seeking compassionate appointment in the year 2003. Thereafter, the petitioner approached the respondent-department again for seeking compassionate appointment. In the year 2008, the department considered his request for appointment, however, no appointment letter was issued to him. The respondents vide a letter dated 08.07.2014, informed the petitioner that his name had been reflected at Sr. No. 301 for appointment in Class IV and as and when a vacancy occurs, appointment will be offered to him.

Aggrieved that appointment has not been offered to the petitioner, the instant writ petition has been filed. I have heard learned counsel for the petitioner and find that the instant writ petition deserves to be dismissed on the ground of delay and laches. The petitioner's father passed away in the year 2003 and though the Satyawan 2017.02.

CWP No. 2228 of 2017 -2petitioner had approached seeking appointment on compassionate ground, he did not actively pursue his case regarding the same. Even after letter was issued in the year 2008 to consider the case of the petitioner, he kept silent. There is nothing on the record to show that the petitioner had gone to the department concerned requesting for appointment letter to be issued on the basis of communication dated 25.09.2008. Compassionate appointment is offered to tide over the financial constraint the family faces on account of the death of an earning member of the family. In the instant case, the father of the petitioner died in the year 2003 and 14 years have since elapsed. The petitioner herein is also aged 41 years and also well beyond the age where a Government job can be offered.

Therefore, in view of the above, being devoid of merit the instant writ petition is dismissed.

07.02.2017 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes.

Whether reportable No.

Satyawan 2017.02.09 17:15 I attest to the accuracy and authenticity of this document High Court Chandigarh