RANCHI, India, Jan. 14 -- Jharkhand High Court issued the following order on Dec. 15:

1. Heard the parties.

2. The claim for compassionate appointment of the petitioner was rejected on the ground that her application was filed after more than 04 years 09 months and 21 days of the death of her father.

3. Admittedly, the father of this petitioner died on 08.05.2017. Admittedly, the uncle of this petitioner, on behalf of petitioner, filed an application for grant of compassionate appointment on 23.08.2017. This application is at Annexure-1, at Page 12 of this writ petition. The existence of this application and it is the uncle of the petitioner who had filed the same, has not been denied by the respondents as in Paragraph No.20 of the counter-affidavit, they admitted that the uncle of this petitioner had filed this application.

4. As consent of the mother of this petitioner was not there at the time of filing the application and the respondents were delaying, fresh application was filed by the petitioner which admittedly is beyond the limitation period. On the ground that the application was beyond the limitation period, the application was rejected.

5. In my opinion, so far as the limitation is concerned, the first application which the uncle had filed, should have been treated to be the application for seeking compassionate appointment. Admittedly, the same was within the period of limitation. If the said application was irregular or some documents were wanting, it was the respondents who could have asked for the same and the respondents should have acted upon the said application. For the purpose of calculating the time frame for filing the application, the date when the initial application was received, should have been considered by them.

6. Thus, I am inclined to allow this application. The impugned order is set aside.

7. The respondents are directed to process the claim of the petitioner, considering the date when the initial application from her uncle was received.

8. The respondents will process and will pass an appropriate order within a period of six weeks from the date of receipt of a copy of this order.

Disclaimer: Curated by HT Syndication.