Karnataka HC junks a plea on the ground of 12 year delay in approaching the court

High Court

BENGALURU: The Karnataka high court has dismissed petition filed by a person seeking for compassionate appointment in BDA , on the ground of 12-year delay.

“Claim for appointment on compassionate grounds based on concept of equitability, if not pursued diligently, on account of passage of the long period, there is no justification to exercise the extraordinary power under Article 226 of the constitution” Justice AN Venugopala Gowda has observed while dismissing the petition filed by one Mubeen Shariff, a resident of Bengaluru.
“On the date petitioner’s father died, the petitioner was 28 years old. Application was though made on February 9,1998, more than 19 years having elapsed thereafter, the matter is stale. Mere submission of an application does not arrest time. The petitioner having slept over his right, approached this court after a lapse of 12 years. As of now, the intervening period is about 19 years. Delay or latches is a relevant factor and the same cannot be lost sight of” the court has further observed.

Petitioner’s father, one Abdul Sattar Shariff, was serving a head coolie in the Bangalore Development Authority . He died on January 19,1998. His son submitted an application for compassionate appointment on February 9,1998.Thereafter, the petitioner submitted representations periodically and ultimately filed a petition before the Karnataka high court in 2011.
The BDA claimed that since 1995, pursuant to a government order, appointment on compassionate grounds in certain category of posts including the one petitioner’s father worked came to be discontinued.


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