Belated Compassionate appointments
My mother died in 1999 in a train accident and cut down by train we have apporached RCT and they have awarded the compensation But Railway has provided the jobs to the dependents of the accident victims and In RTI applications I have known and filled a Cause in CAT regarding compassionate employment and notice was issued to the concerned department. My lawyer advises me that everything in your favour except Delay and Delay is a very big problem for filling the cause too late in 12 years late . Sir is there any way or any other document which helps me to condone the delay regarding my compassionate appoinment?
I have 4 RTI proofs in which Railway administration has provided the job to the dependents of deceased after 9 years later and they have submitted their representations 8 years later from the accident happened date I have attached all these proofs with my reply to railways objections and 26th July 2012 Office Memorandum of Govt of India have shown that Govt of India has withdrawn the three years time limit and 16 January 2013 Office memorandum of Govt of India has issued in which it is written that Govt can consider the belated requests 5 years back and so and we have 4 judgements that has covered the delayed condon. We have attached all these proofs with our reply .Now I want to ask you Is there any chance of delay condone by adding these documents to our reply. please provide some documents which condone delay in filling the cause in CAT?
Asked 3 years ago in Civil Law from Patiala, Punjab
Please provide some judgements name or documents which condone delay for applying the belated applications for compassionate grounds?
Asked 3 years ago
in your case there is 12 years delay in making application for compassionate appointments . i had already referred to 2 Supreme court judgement which provide compassionate appointment is not mater of right . the objective is to tide over immediate hardship on death of earning member .
since you have RTI proofs wherein Railways have provided jobs even after 9 years you can rely upon them during arguments . were you a minor at time of death of your father?
Do not worry,the objective of condonation of delay does not mean that you will not be able to approach the CAT after such a long time,prepare your case with relevant facts of the case ,they will definetly help you in the interest of justice.
Advocate, New Delhi
If you want to have any chance of success then file your case in the High Court without any further delay as there is already a delay of around 15 years. Bear in mind that even a single day's delay will have to be explained.