2012 LAB. I. C. 2812 ::2012 (4) All LJ 699 ::2012 (4) ALJ 699 ::(2012) 134 FacLR 556 ::(2012) 6 ADJ 95 (ALL)

Allahabad High Court

Hon'ble Judge(s): Manoj Misra, J. , J

( A ) Constitution of India Art. 16 — Compassionate appointment — Refusal — Ground that application was made by brother of deceased employee after lapse of 18 years — Applicant pleaded that delay took place on account of succession dispute that was pending before Civil Court — Purpose of succession certificate is to enable debtor of deceased person to seek valid discharge by making payment to its holder — Thus, even if there had been dispute with regard to succession for entitlement to terminal dues payable to deceased employee, there was no impediment for applicant to approach Court for seeking appointment on compassionate ground — Refusal, proper. AIR 1994 SC 1521, 2009 AIR SCW 5775, AIR 2007 SC (Supp) 414, AIR 2009 SC 2534, 2009 (6) SCC 481, Rel.on. (Paras9and10)