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Rajasthan High Court - Jodhpur

Ganpat Parihar vs Food Corpn. Of India & Ors on 21 August, 2017

Author: Dinesh Mehta

Bench: Dinesh Mehta

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
              S.B. Civil Writ Petition No. 10169 / 2017
Ganpat Parihar S/o Late Radhey Shyam Parihar, Aged About 34
Years, R/o Sutharo Ka Bas, Ummed Chowk, Jodhpur
                                                            ----Petitioner
                                   Versus
1. The Food Corporation of India Through the Chairman and
Managing Director, Food Corporation of India, New Delhi.

2. The Zonal Manager (North), Food Corporation OF India, Noida.
Uttar Pradesh.

3. The Zonal Manager, Food Corporation of India, District Office,
Jodhpur (Rajasthan).

4. The Sr. Regional Manager, Food Corporation of India, Jaipur 4,
Nehru Place, Tonk Road, Jaipur 302015

5. The District Manager, Food Corporation of India, District Office,
Jodhpur (Rajasthan).
                                                         ----Respondents
_____________________________________________________
For Petitioner(s)      : Mr. Pritam Joshi
_____________________________________________________
                       JUSTICE DINESH MEHTA
                                  Judgment
21/08/2017

     By way of the present writ petition, petitioner has laid

challenge   to   the     order,   which   was   passed   way    back   on

29.09.2011.

      Learned counsel for the petitioner submits that petitioner's

mother had applied on his behalf, seeking appointment on the

compassionate ground by way of submitting an application dated

22.07.2000, after the death of his father, late Shri Radhey Shyam

Parihar.

     The petitioner's candidature came to be rejected by the
                                (2 of 2)
                                                       [CW-10169/2017]

respondents -Food Corporation of India vide communication/order

dated 29.09.2011, indicating therein that pursuant to petitioner's

application dated 02.05.2003 his case was considered and

rejected as no vacancy was availabale. It was also observed that

the petitioner cannot be granted appointment after eleven years,

as the distress does not continue for such long period, while

placing reliance upon various judgments of Hon'ble the Supreme

Court.

     Having suffered the said order in September, 2011 the

petitioner went in hibernation and woke up from his slumber only

in 2016, after six years. The petitioner has not whispered anything

about the delay in preferring the present writ petition, much less

explaining the same.

     The present writ petition is, therefore, dismissed on ground

of delay and laches.




                                            (DINESH MEHTA), J.

anurag/219