High CourtsSingle Bench(2007) 11 DEL CK 0200

Prem Singh vs International Airports Authority of India and Another

Delhi High Court · Decided on 12 November 2007

HON’BLE JUDGES
Pradeep Nandrajog, J
RESULT
Dismissed
CASE NUMBER
Regular Second Appeal No. 74 of 2001

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Judgment

8 paragraphs · 271 words

Pradeep Nandrajog, J.—Appellant is the son of Late Smt. Angoori Devi who was an employee of the International Airport Authority of India, a Statutory Body under the UOI. She died on 9.8.1994. Claiming that he was the son of Angoori Devi, appellant filed a suit for mandatory injunction stating that as per policy of International Airport Authority of India, he was entitled to compassionate appointment.

2.

After recording evidence, learned Trial Judge dismissed the suit holding that father of the appellant as also his elder brother were in Government service. It was held that object of compassionate appointment is to provide relief to a family which goes into the economic stress when only earning member thereof dies.

3.

Appellant challenged the decision of the learned Trial Judge by way of a regular appeal. The appeal also suffered a dismissal.

4.

The appellate Judge has recorded a specific finding that on death of Angoori Devi, benefits accruing on her demise was received by her husband and her two sons which included the appellant.

5.

Learned Appellate Judge has also recorded a finding of fact that the appellant, his father and brother were living together.

6.

It is settled law that compassionate appointment is not an alternative channel for regular appointment. Compassionate appointment intends to provide immediate relief to the family when the only bread earner dies a sudden death. The right is a mere right of fair consideration and no more.

7.

No substantial question of law arises for consideration. I note that till date no question of law has been framed in the instant appeal.

8.

The appeal is accordingly dismissed.