IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.4822 of 2007
RAMESH PRASAD son of late Harinarayan Ram, resident of Mohalla-
Water Tower Road No.-3 besides the quarter no. 16 P.S. Kotwali, District-
Patna.
..... Petitioner.
Versus
1. THE COMMISSIONER, MUNICIPAL Corporation, Patna.
2. The Chairman, Water Board, Patna.
3. The Chief Executive Officer, Water Board, Patna.
... Respondents.
-----------
2. 01.04.2011 Having heard learned counsel for the
petitioner and taking into account that the death of the
deceased employee, late Harinarayan Ram had taken
place on 3.11.1984 and the present writ application for
compassionate appointment has been filed on
13.4.2007, this Court must hold that the writ
application is suffering from unexplained delay and
laches of more than two decades. The mere explanation
that the case of the petitioner had remained pending
before the authority cannot be accepted inasmuch as if
the petitioner had slept over his own right for more
than two decades, he has to now give up such claim of
compassionate appointment which is of course not a
right. The petitioner has survived for a period of more
than 27 years after death of his father and therefore this
2
Court now cannot exercise its discretion in favour of a
person who had not remained vigilant to his such claim
for such a long period of 23 years as on the date of
filing of this writ application.
That being so, this writ application is
dismissed on the ground of delay and laches.
kanchan/- ( Mihir Kumar Jha, J.)