High CourtsSingle Bench(2023) 10 SHI CK 0015

Hem Raj vs State Of H.P. & Ors

High Court Of Himachal Pradesh · Decided on 5 October 2023

HON’BLE JUDGES
Ajay Mohan Goel, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 5798 Of 2023

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Judgment

7 paragraphs · 369 words

Ajay Mohan Goel, J

1.

By way of this petition, the petitioner has inter alia prayed for the following reliefs:-

(i) “That the letter/order dated 18.09.2009 (Annexure P-6) and the letter/order dated 01.11.2021 (Annexure P-11) may kindly be quashed and set aside.

(ii) That the respondents may kindly be directed to grant compassionate appointment to the petitioner.”

2.

A perusal of the averments made in the petition demonstrates that the brother of the petitioner was appointed as a Trained Graduate Teacher (TGT) on 22.04.1997. He unfortunately died on 12.09.1997 in harness. The claim of the petitioner for grant of compassionate appointment was rejected by the Department on 18.09.2009. Thereafter, after 12 years, the petitioner again applied for appointment on compassionate basis, which also stands rejected, leading to the filing of this petition.

3.

Having heard learned counsel for the petitioner and having carefully gone through the averments made in the petition, this Court is of the considered view that no relief can be granted to the petitioner as it is a stale claim. The death of the brother of the petitioner took place in the year 1997. The case of the petitioner for grant of compassionate appointment was rejected by the Department in the year 2009. The cause to assail that act accrued in favour of the petitioner in the year 2009, but he remained silent and chose to make a fresh representation, that too, after a gap of 12 years. This gap of 12 years has not been satisfactorily explained in the petition. Simply because subsequently again a belated request of the petitioner stands rejected by the Department, the same will not give any fresh cause to the petitioner to agitate the claim. It is settled law that the purpose of providing appointment on compassionate basis is to provide succour to the family, which has lost its bread earner. Herein, the unfortunate death of the brother of the petitioner took place in the year 1997 and today we are in the year 2023. Therefore, in view of what has been discussed hereinabove, as at this belated stage, no relief can be granted to the petitioner, the petition is dismissed.

4.

Pending application(s), if any, also stand disposed of.