Pat HC | Petition pertaining to compassionate appointment filed after a delay of ten years – barred by laches

Patna High Court: The Division Bench of Amreshwar Pratap Sahi and Anjana Mishra, JJ. rejected a petition assailing the order delivered by Central Administrative Tribunal, on the ground of inordinate delay in filing the petition.

In the instant case, an employee had died in harness in the year 1992. The matter for compassionate appointment in place of the deceased employee was taken up by the Central Administrative Tribunal where it was, ultimately, disposed of in 2008. The instant petition was filed challenging the order of the said Tribunal.

The Court noted that the present petition had been filed after an inordinate delay of almost ten years and the explanation sought to be given for the delay did not appear to be convincing. It was opined that the petition was heavily barred by laches, more so, as the subject matter related to that of compassionate appointment.

In view of the above, the Court declined to interfere on the ground of laches. [Ravi Shankar Kumar v. Union of India, 2019 SCC OnLine Pat 255, Order dated 27-02-2019]

Join the discussion

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.