Neutral Citation No. - 2025:AHC:81057-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 440 of 2025 Appellant :- Mukesh Kumar Respondent :- The Oriental Insurance Company Limited And Another Counsel for Appellant :- H.K Asthana,Pankaj Kumar Asthana,Yash Shekhar Counsel for Respondent :- Arun Kumar Shukla Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. Learned Single Judge has dismissed the writ petition filed by the appellant in respect of claim of compassionate appointment solely on the ground of laches. It is recorded that the employee concerned died on 14.7.2015, whereas the writ petition came to be filed only in the year 2025. 2. Learned counsel for the appellant has invited attention of the Court to the fact that soon after the death of the employee an application was moved for compassionate appointment on 17.12.2015. Various correspondence ensued in respect of the appellant's claim and the petitioner was called upon to furnish documents from time to time. Despite such processing of petitioner's claim no final orders were passed and, therefore, the writ petition was filed. It is submitted that facts of the case have not been taken into consideration, wherein the aspect of delay was adequately explained. 3. Learned counsel for the respondents states that since the writ petition was decided at the fresh motion itself, therefore, no counter affidavit could be filed and, therefore, facts asserted on behalf of the petitioner are yet to be verified. 4. Be that as it may, it is reflected from the averments made in para 10 to 21 of the writ petition that explanation in respect of delayed approached to the Court was furnished. No counter affidavit was invited in the matter and, therefore, such facts have not been verified. In its absence it would be difficult to hold that laches existed on part of the petitioner in approaching writ court. In such circumstances we remit the matter back to the learned Single Judge so that the grievance raised by the appellant is adjudicated with reference to relevant facts available on record. To facilitate such consideration the order passed by the learned Single Judge is set aside. 5. The respondents undertake to file counter affidavit within three weeks. Rejoinder affidavit, if any, may be filed within two weeks, thereafter. 6. List the writ petition in the second week of July, 2025 before the learned Single Judge for fresh consideration of cause. 7. Special appeal stands disposed of, accordingly. Order Date :- 16.5.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad