Jhar HC | Illiterate person, unable to understand legal impediment cannot be denied claim solely on the ground of delay

Jharkhand High Court: Sanjay Kumar Dwivedi, J. contemplated the mercy petition filed by a petitioner who sought re-employment in a Coal Company.

Counsel for the petitioner Ranjan Kumar Singh, submitted that petitioner was dismissed from services on the ground of absent for 58 days and that after dismissal, the petitioner, who is an illiterate person, approached the authorities for re-employment in terms of the scheme but his representation was not considered in the true spirit of the Scheme.

On the contrary, the counsel for the respondent Company submitted that the petitioner had filed the representation after nine years of his dismissal, thus, the writ was liable to be quashed due to delay.

The Court observed that the petitioner was an illiterate person, as it was evident from the representation he had filed with the respondents-authorities on which he gave his thumb impression, and he wasn’t able to understand the legal impediment of approaching at a belated stage. Hence, his claim was not denied solely on the ground of delay and needs consideration.[Dulal Bouri v. BCCL, 2019 SCC OnLine Jhar 804, decided on 08-07-2019]

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Your email address will not be published.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.