RAIPUR: Chhattisgarh HC has dismissed a writ petition on grounds of unjustifiable delay, observing that "procrastination is the greatest thief of time" and courts must exercise caution in entertaining 'belated cases'. The court said while it has an obligation to protect rights of citizens, it must also ensure that individuals who approach the court without adequate reasons for delay cannot be allowed to seek relief at their leisure.
The petitioner, Tamrdwaj Yadav, had moved HC, challenging rejection of his application for compassionate appointment. His father, Punaram Yadav, a waterman under Work Charge Establishment, died on Feb 14, 2005, but it wasn't until Oct 17, 2007, over two years later, that he applied for compassionate appointment. Govt guidelines set a six-month deadline on this. The department rejected his application on Dec 10, 2009, and Yadav filed a petition in HC under Article 226 of Constitution on May 14, 2015.
The petitioner had contended that he was a minor at the time of his father's death and applied for compassionate appointment as soon as he turned 18. However, court found that this did not sufficiently justify the delay in filing the petition. The petitioner had siblings and his mother, who could have applied for the appointment but failed to do so within the prescribed time, the court noted.
The court said the delay reflects "inactivity and inaction" on part of the litigant. Furthermore, the petitioner's claim for compassionate appointment was also weakened by the fact that his family had other earning members, which negated the immediate need for employment support.
Considering legal principles surrounding delay and laches, the court dismissed the writ petition, reiterating that such inordinate delays are detrimental to equity and justice. The petitioner's failure to act promptly, coupled with absence of a compelling reason for the delay, led to the conclusion that the case could not be entertained.
In a twist of fate, the petitioner died of Covid in 2020 during pendency of the petition. Thereafter, his legal representatives were brought on record.
The petitioner, Tamrdwaj Yadav, had moved HC, challenging rejection of his application for compassionate appointment. His father, Punaram Yadav, a waterman under Work Charge Establishment, died on Feb 14, 2005, but it wasn't until Oct 17, 2007, over two years later, that he applied for compassionate appointment. Govt guidelines set a six-month deadline on this. The department rejected his application on Dec 10, 2009, and Yadav filed a petition in HC under Article 226 of Constitution on May 14, 2015.
The petitioner had contended that he was a minor at the time of his father's death and applied for compassionate appointment as soon as he turned 18. However, court found that this did not sufficiently justify the delay in filing the petition. The petitioner had siblings and his mother, who could have applied for the appointment but failed to do so within the prescribed time, the court noted.
The court said the delay reflects "inactivity and inaction" on part of the litigant. Furthermore, the petitioner's claim for compassionate appointment was also weakened by the fact that his family had other earning members, which negated the immediate need for employment support.
Considering legal principles surrounding delay and laches, the court dismissed the writ petition, reiterating that such inordinate delays are detrimental to equity and justice. The petitioner's failure to act promptly, coupled with absence of a compelling reason for the delay, led to the conclusion that the case could not be entertained.
In a twist of fate, the petitioner died of Covid in 2020 during pendency of the petition. Thereafter, his legal representatives were brought on record.
You may also like
Malaysian Street Dog Kopi, Famous For Viral Kitten Video, Shot Dead By Authorities
Nandamuri Balakrishna, Sithara Entertainments' NBK109 Title Teaser To Release For Diwali
Israeli PM Benjamin Netanyahu expresses condolences on passing of Ratan Tata
Julana Man Issues Death Threat To Nayab Saini On WhatsApp Group, Arrested
