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Neutral Citation No. - 2025:AHC:85340 Court No. - 4 Case :- WRIT - A No. - 6639 of 2025 Petitioner :- Shailendra Saxena Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Abhishek Kumar Chaubey,Brijesh Kumar Singh Counsel for Respondent :- A.S.G.I. Hon'ble Ajit Kumar,J.
1. Heard learned counsel for the parties.
2. By means of this petition filed under Article 226 of Constitution of India, the petitioner has prayed for quashing of the order dated 28.12.2006.
3. Upon a pointed enquiry being made as to why the petitioner has approached this Court after such a long lapse of time, learned counsel for the petitioner has drawn attention of the Court to the order dated 18.03.2019 passed by the Assistant Controller, Defence Accounts (Admin) by which sympathetic
consideration was directed to be taken in reconsidering the claim of the petitioner for compassionate appointment. More than six years have passed when the order was passed on 18.03.2019 and the court fails to understand as to why the petitioner slept over the matter. The rule of compassionate appointment are to be immediately acted upon to provide immediate succour to the family for which object, Rules have been framed. If a family has survived for more than a decade or even more, the condition for offering of compassionate appointment does not remain the same as was at the time of death of bread earner of the family.
4. It is well settled by various authorities of the High Court as well as Supreme Court that if the family has survived for more than a decade of the death of the bread earner of the family, then it may not fall under the category of those families who need immediate
attention to provide compassionate appointment and other financial assistance.
5. Besides the above, I find that the petitioner did not initially questioned the order dated 28.12.2006 and therefore, it will be taken that he was satisfied with the order and abounded his claim. It appears that some recommendation was made in the year 2019 to which again petitioner did not pursue and made a representation for the first time in 2020.
6. In such above view of the matter therefore, not only I consider this petition to be devoid of merits on the point of compassionate appointment but also not worth consideration for delay and latches.
7. Petition is accordingly, consigned to records.
Order Date :- 21.5.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad