Rajasthan High Court - Jaipur
Bhanwari Devi & Anr vs Nuclear Power Corporation & An on 3 April, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Civil Writ Petition No. 3979 / 2005
1. Bhanwari Devi W/o Late Shri Messu Singh,, Aged About 50
Years, Beawar, Raj.
2. Anand Singh S/o Late Shri Messu Singh,, Aged About 26 Years,
Beawar, Raj.
----Petitioners
Versus
1. Nuclear Power Corporation Through Its Chairman & Managing
Director (A Govt. of India, Enterprise), Vikram Sarabhai Bhawan,,
Anushakti Nagar, Mumbai, Pin- 400094
2. Rajasthan Atomic Power Station Through Its Chairman &
Managing Director, Nuclear Power Corporation (A Govt. of India
Enterprise), P.O. Anushakti, Via Kota- Anushakti
----Respondents
_____________________________________________________ For Petitioner(s) : Mr. Sunil Samdaria For Respondent(s) : Mr. Dharmendra Jain _____________________________________________________ HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Judgment 03/04/2017 The present petition has been filed under Article 226 of the Constitution of India, with the prayer that a direction be issued to the respondents Nuclear Power Corporation and Rajasthan Atomic Power Station to grant compassionate appointment to the petitioner.
In the present petition, it is stated that Messu Singh husband of the petitioner no.1 and father of the petitioner no.2 was posted at Rajasthan Atomic Power Station, Anushakti, Rawatbhata Via Kota, Chittorgarh. Messu Singh died in harness on 18.10.1999. He was survived by eight members of the family. The (2 of 2) [CW-3979/2005] petitioners herein have sought compassionate appointment.
Mr. Dharmendra Jain, the learned counsel for the respondents has stated that 3% posts are reserved for granting compassionate appointment. The learned counsel has submitted that the said posts meant for category of compassionate appointment were filled by giving to most deserving candidates.
Be that as it may, Messu Singh died in the year 1999. Eighteen long years have already elapsed. At the time of filing writ petition, the petitioner no.1, widow was aged 50 years and the petitioner no.2 was 26 years old. Not only the petitioners have become overage, the claim made in the petition has also become stale. Furthermore, since vacancies meant for compassionate appointment have already been filled by giving same to the most needy persons, the present petition cannot be entertained due to non-impleadment of necessary parties i.e. the persons to whom compassionate appointment has already been granted.
Thus, taking totality of circumstances, by efflux of time, nothing survives in the present petition and the same is hereby dismissed.
(KANWALJIT SINGH AHLUWALIA)J. Mak/-