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2025 DAILYLAW 58046 (ALL)

MOHAMMAD IBRAHIM v. LIFE INSURANCE CORPORATION OF INDIA AND 3 OTHERS

SPLA/441/2025 · 2025-05-15

Ashwani Kumar Mishra, Prashant Bilgaiyan Registrar J Criminal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81104-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 441 of 2025 Appellant :- Mohammad Ibrahim Respondent :- Life Insurance Corporation Of India And 3 Others Counsel for Appellant :- Raj Nath Pandey Counsel for Respondent :- Mohan Srivastava Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. This appeal arises out of an order passed by learned Single Judge, whereby claim of appellant for compassionate appointment has been rejected. 2. Facts, as are undisputed, are that petitioner's father died in harness on 24.1.2008. It is alleged that an application was filed for grant of compassionate appointment on 9.2.2008 but the same was not processed. It is after seven years that a writ petition was filed in the year 2015. The writ petition came to be considered by the learned Single Judge who has rejected the petition on the ground that the filing of writ after 7 years is grossly barred by laches. Even otherwise, 17 years have expired since death of employee, by now. 3. Law is settled that compassionate appointment is not a right but is merely a concession by the employer to enable the family in distress to tide over sudden financial difficulty. If such claim is not considered for a reasonable period a cause of action would arise to the person concerned to press it. Except for filing of two applications in the year 2008 there is nothing on record to show that petitioner ever pressed his claim for compassionate appointment. Even if such claim was pressed and was not considered a cause of action did occur to the petitioner to have approached this Court. This, however, was not done. It is only after seven years of the death of the employee concerned that the writ petition was filed. It is in this context that learned Single Judge has rejected the claim of the petitioner. 4. Having heard learned counsel for the parties, we are of the view that the petitioner has not been diligent in pressing his claim and his approach to this Court after nearly seven years remains unexplained. In the event, his application was not considered in the year 2008 he ought to have taken recourse to legal remedies within a reasonable period. Filing of the writ petition after seven years, in such circumstances, is construed as unexplained delay on part of the appellant. No exception can be taken to it. We otherwise find that almost 17 years have gone by and, therefore, the object of grant of compassionate appointment may not subsist. 5. Special appeal is, consequently, dismissed. Order Date :- 16.5.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad