SUNEET SHARMA v. KSHETRIYA PRABANDHAK BHARTIYA JIWAN BIMA NIGAM AND OTHERS
WRIA/28733/2009 · 2025-09-17
Saurabh Shyam Shamshery
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39195 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39195 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 28733 of 2009 Court No. - 5 HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri Rashtrapati Khare, learned counsel for petitioner and Sri Vipul Kumar, Advocate for respondents. 2. Petitioner has approached this Court that his father died in harness on 12.01.2004 and his application for compassionate appointment which is pending for consideration be decided accordingly. 3. Considering aforesaid prayer, this Court passed following order on 13.07.2009:
"Heard learned counsel for the petitioner and Sri Alok Tiwari, Advocate, holding brief of Sri Prakash Padia, learned Standing Counsel appearing for Life Insurance Corporation of India is directed to file counter affidavit within a month. Two weeks' time is allowed to file rejoinder affidavit thereafter. List immediately after expiry of aforesaid period. Learned counsel for the petitioner has submitted that after the death of her father late Sri Jai Prakash Sharma, an Office Assistant in the Office of LIC, Meerut had submitted a representation seeking compassionate The main employment in the corporation. grievance of the petitioner is that his mother Smt. Pushpa Devi has two sons who are married and having independent family do not support her and petitioner who is persist on study to settle in life, as required Till that representation on proper formate has already been submitted in the year, 2005. period, no action has been taken in the matter. As an interim measure, it is provided that respondent no.2 will look into the matter and dispose of representation of the petitioner and his mother submitted in the year, 2005 seeking compassionate employment." Versus Counsel for Petitioner(s) : K.K. Srivastava, Pradeep Kumar Bhardwaj, Rashtrapati Khare Counsel for Respondent(s) : Vishnu Shanker Gupta Suneet Sharma .....Petitioner(s) Kshetriya Prabandhak Bhartiya Jiwan Bima Nigam And Others .....Respondent(s)
4. Learned counsel for respondents, on basis of instructions, submits that representation of mother of petitioner was rejected vide an order dated 12.08.2009 and petitioner was duly informed, however, the same has not been challenged till date. 5. Learned counsel for petitioner submits that claim of petitioner can still be considered and his claim may not be rejected only on ground that this writ petition is pending for last more than 16 years. 6. I have considered the above submissions. 7.
As referred above, in pursuance of order dated 13.07.2009 claim of petitioner for compassionate appointment was considered and rejected and the same is under under challenge. 8. Otherwise also, since petitioner's father died in the year 2004, i.e., more than two decades ago, therefore, to consider petitioner's claim for compassionate appointment after such a long period would definitely be contrary to the very object of compassionate appointment, i.e., to tide over the immediate financial crisis. 9. Otherwise also, petitioner, who was aged about 32 years in the year 2009, is now about 48 years old, i.e., he has crossed the age bar also. 10. In view of above, writ petition has no force. Dismissed accordingly. September 18, 2025 AK WRIA No. 28733 of 2009 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad