Authorities cannot reject an application for compassionate appointment on new ground in subsequent proceedings

Jharkhand High Court: A Single Judge Bench of Shree Chandrashekhar, J., allowed a writ petition filed against the order of Respondent-authority whereby petitioner’s claim for compassionate appointment after the death of his mother was rejected.

The main issue, in this case, was whether the respondent authorities can come up with a new ground for rejection of petitioner’s application in subsequent proceedings.

The Court, in this case, observed that initially the claim of petitioner was rejected by the respondents on the ground that the petitioner ought to have applied for a compassionate appointment within six months from the death of his mother. The Court had then rejected the plea of the respondent and had directed them to reconsider the case of petitioner, however the same was again rejected on the ground that the petitioner was below fifteen years of age at the time of death of his mother and hence he could not have been kept on live-roaster for compassionate appointment.

This plea was not raised by the respondent authorities previously and the respondents had come up with this new contention only after the matter was once directed to be re-considered. Hence, the Court held that if this is allowed then it would lead to a never-ending series of litigation and the contention of the respondents was rejected. Accordingly, the petition was allowed and the order of the respondent authorities was quashed by the Court.[Budhu Oraon v. Central Coal Fields Limited,2018 SCC OnLine Jhar 640, dated 12-07-2018]

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