9911796707
TMI Blog1994 (9) TMI 318X X X X Extracts X X X X X X X X Extracts X X X X ..... nsideration of the candidature of the respondent for the post of Sub-Inspector. As the respondent’s father died in harness while working as Sub-Inspector, CID (Special Branch) on 16-3-1988. The respondent filed an application on 8-4-1988 for his appointment on compassionate ground as Sub-Inspector or LDC according to the availability of vacancy. On a consideration of his plea, he was appointed to the post of LDC by order dated 14-12-1989. He accepted the appointment as LDC. Therefore, the right to be considered for the appointment on compassionate ground was consummated. No further consideration on compassionate ground would ever arise. Otherwise, it would be a case of "endless compassion". Eligibility to be appointed as Sub-Inspector of Po ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the appellant. That was dismissed on the ground of delay of 112 days. Thus, the present civil appeal. 4. Two alternate contentions are raised on behalf of the appellant State: (i) The Division Bench of the High Court erred in dismissing the appeal merely on the ground of delay. Such a delay was occasioned due to the administrative exigencies which have been properly explained. The failure to condone the delay has resulted in grave injustice. (ii) On merits, the appellant has a good case. This Court in State of Haryana v. Naresh Kumar Bali (1994) 4 SCC 448: 1994 SCC (L S) 909: (1994) 27 ATC 611: JT (1994) 4 SC 184 under more or less identical circumstances set aside the direction of the High Court for consideration of the candidatu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of the Single Judge was delayed by 11 2 days. We find that the delay had been caused on account of administrative exigencies. The failure to condone the delay has resulted in injustice as rightly urged on behalf of the appellant State because the judgment of the learned Single Judge constitutes a bad precedent. Therefore, we condone the delay. We proceed to decide the matter on the merits instead of remitting it to the Division Bench. The need to do so would be evident from the following. 8. Admittedly the respondent s father died in harness while working as Sub-Inspector, CID (Special Branch) on 16-3-1988. The respondent filed an application on 8-4-1988 for his appointment on compassionate ground as Sub-Inspector or LDC according to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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