Mahesh Chandra v. Union of India and 4 Others

Court No. - 39 Case :- WRIT - A No. - 16697 of 2023 Petitioner :- Mahesh Chandra Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Pradeep Kumar Tiwari Counsel for Respondent :- A.S.G.I.,Krishna Mohan Asthana,Shashi Prakash Rai Hon'ble Saumitra Dayal Singh,J. Hon'ble Shiv Shanker Prasad,J.

¶1Heard learned counsel for the petitioner; Sri K.M. Asthana, learned counsel for respondent nos. 4 and 5 and Sri Shashi Prakash Rai, learned counsel for respondent nos. 1, 2 and 3.

¶2Present writ petition has been filed against the order of the Central Administrative Tribunal, Allahabad Bench, Allahabad dated 11.03.2005 passed in Original Application No. 29 of 2005 (Mahesh Chand Vs. Union of India & Ors.). By that order, the learned Tribunal has rejected the original application claiming relief of compassionate appointment, as wholly belated and barred by laches.

¶3Undisputedly, the petitioner's father Prasadi Lal died on 17.09.1987. At that time he had been retrenched from service. Later, on 29.03.1988 the Supreme Court passed an order in favour of the retrenched employees of respondent no.4 and provided for their re-engagement. Insofar as the father of the present petitioner is concerned, the Supreme Court provided, the outstanding dues of Prasadi Lal till the date of his termination be paid out. No other direction was issued.

¶4Considering the fact, the Tribunal has found the claim made by the petitioner to be wholly time barred. We find no error in the order passed by the Tribunal. Present writ petition lacks merit and is accordingly dismissed. Order Date :- 2.11.2023 Abhilash . (Shiv Shanker Prasad, J.) (S. D. Singh, J.) High Court of Judicature at Allahabad