Smt. Basanti Devi vs The Union of India and Others

Navin Sinha, J.—Heard learned Counsel for the petitioner and learned counsel for the respondent. The husband of the petitioner having been deceased on 2.7.1981 she applied for compassionate appointment.

It is submitted that the matter is still pending for which reliance is placed on inter-departmental communications of the year, 1995. It is submitted that she is receiving the family pension.

On the own showing of the petitioner she was in no urgency for the compassionate appointment and quite rightly so in view of the receipt of family pension by her.

Being sanguine she did not take expeditious steps to protect her interest. Quite naturally she was not in dire straits. There is no justification in law, on facts, to entertain such belated claim for compassionate appointment. The Supreme Court in the case of Sanjay Kumar Vs. The State of Bihar and Others, declined to grant any relief when the applicant moved eight years after the death.

In the present case the petitioner seeks the relief nearly 24 years later. This Court is not persuaded to entertain such belated claim. The application is dismissed.