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TMI Blog2019 (4) TMI 1403X X X X Extracts X X X X X X X X Extracts X X X X ..... rst instance. This staleness of the claim took away the very basis of providing companssionate appointment. The claim was liable to be rejected on that ground and ought to have been so rejected. The judgment of the High Court is unsustainable. Appeal allowed. - CIVIL APPEAL NO.2425 OF 2019 (@ SLP(C) No.5810 of 2017) - - - Dated:- 1-3-2019 - Dr Dhananjaya Y Chandrachud And Hemant Gupta, JJ. For Petitioner(s) Ms. Madhavi Divan, Ms. Uttara Babbar, Mr. Dhruv Pall, Ms. Bhavana Duhoon, Mr. Gurmeet Singh Makker, For Respondent(s) Mr. Aravindh S., JUDGMENT Dr Dhananjaya Y Chandrachud, Leave granted. A Division Bench of the High Court of Judicature at Madras, by its judgm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 183 of 2012. The Tribunal dismissed the OA by an order dated 30 April 2013, holding that the claimant was not eligible under the Scheme DOP T OM No.14014/3/2011 ESST(D) dated 26.07.2012 under which the maximum period for which the name of a candidate for compassionate appointment could be kept for consideration was three years. Following the order of the Tribunal, the respondent filed a Writ Petition before the High Court in which the impugned order has been passed, setting aside the judgment of the Tribunal and granting a mandamus for appointment on a compassionate basis. The High Court observed, after perusing the record, that though the representation had been rejected on the ground that the elder brother of the respondent wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... effect of the initial delay in moving the Tribunal for compassionate appointment over a decade after the death of the deceased employee. This dispose of the representation mantra is increasingly permeating the judicial process in the High Courts and the Tribunals. Such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do no service to the cause of justice. The litigant is back again before the Court, as this case shows, having incurred attendant costs and suffered delays of the legal process. This would have been obviated by calling for a counter in the first instance, thereby resulting in finality to the dispute. By the time, the High Court issued its direction on 9 August 2016, ne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e time of the death of the sole breadwinner, the compassionate employment cannot be claimed and offered whatever the lapse of time and after the crisis is over. The recourse to the Tribunal suffered from a delay of over a decade in the first instance. This staleness of the claim took away the very basis of providing companssionate appointment. The claim was liable to be rejected on that ground and ought to have been so rejected. The judgment of the High Court is unsustainable. We accordingly allow the appeal and set aside the impugned judgment and order of the High Court. In consequence, we affirm the judgment of the Tribunal dismissing the Original Application. There shall be no order as to costs. - - TaxTMI - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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