Phool Chandra & Ors vs Union Of India & Ors

Rajnish Kumar Rai, Member J

Shri Rakesh Kumar Dixit, counsel for the applicants and Shri Anil Kumar, counsel for the respondents are present and heard.

This O.A. has been filed by the applicants seeking direction for providing compassionate appointment to applicant No. 1 on the sad demise of Late Keshaw Lal who was working as Khalasi in the Office of C.P.W.I., Headquarter/CNB. Counsel for the applicants submitted that the applicant No. 1 was minor at the time of death of his father and applicant No. 2 wife of Late Keshaw Lal has not applied for compassionate appointment and her son became major, an application has been moved on behalf of applicant No. 2 for considering the appointment on compassionate ground. Counsel for the applicants submitted that the applicants have moved a representation earlier on 03.01.2003 and subsequently met personally with the respondents’ officials for consideration of compassionate appointment and thereafter representations were moved from time to time and last representation was moved on 21.11.2025. Therefore, they are seeking relief for consideration of applicants’ representations, moved for appointment on compassionate ground.

Counsel for the respondents submitted that the O.A. is much belated and barred by Section 21 of the Administrative Tribunals Act, 1985 as cause of action arose in the year 1998 and thereafter first representation was moved in the year 2003. Accordingly, the applicants have not approached this Tribunal within the prescribed time.

Considering the submission of counsel for the parties and limited relief prayed by the applicants’ counsel for considering the representation by the respondents, I am of the opinion to dispose of the O.A. with direction upon the respondent No. 3 to consider and decide the representations of the applicants dated 03.01.2003 as well as 21.11.2025 by passing a reasoned and speaking order, in accordance with rules, within a period of three months from the date of receipt of a certified copy of this Order. The decision so taken on the representations of applicants shall be intimated to them forthwith. It is made clear that this Tribunal has not expressed any view on the delay and laches occurred in filing of this O.A. The O.A. is disposed of with the above directions. No order as to cost.