LPA No. 173 of 2010(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. LPA No.173 of 2010 (O&M) Date of decision 31 .1.2011 Suresh Rani and others ... Appellants Versus State of Haryana and another ... Respondents. CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE T.P.S.MANN Present: Mr. PK Sachdev,Advocate for the appellants Mr. Aman Chaudhary, Addl. AG Hy. Mr. Rameshwar Malik, Advocate for respondent no.2 1.To be referred to the Reporter or not ? 2. 2.Whether the judgement should be reported in the Digest ? M.M.KUMAR, J. The instant appeal under Clause X of the Letters Patent is directed against the judgement dated 26.5.2009 rendered by the learned Single Judge dismissing writ petition filed by the appellants on the ground of inordinate delay. The appellants have approached this Court for issuance of direction to the respondent- State of Haryana to either grant compassionate appointment to any one of the legal heirs of the deceased or to provide financial assistance under the policy of the State Government. Shri Sita Ram who was initially appointed as skilled Coolie on work charged basis died in LPA No. 173 of 2010(O&M) 2 harness on 4.2.1992 while he was working as T.Mate in the Minor Irrigation and Tubewell Corporation in Ambala Division (for brevity 'the Corporation'). Petitioner No.1 Smt. Suresh Rani widow of the deceased claimed to have filed an application in the year 1992. It remained pending. It is claimed that in the year 2001 her name was kept in the waiting list. The writ petition was filed in the year 2009 and the learned Single Judge, in our opinion, has rightly dismissed the petition on the ground of inordinate delay. In the written statement filed by the respondent- Corporation it has been pointed out that it suffered losses to the tune of Rs.115 crores and the Corporation has been closed down w.e.f. 30.7.2002 after complying with all the legal requirements. It has further been pointed that name of the petitioner in the waiting list was at serial no. 53 and number of persons higher in order of merit in seniority list have also not been offered job on compassionate ground. Having heard the learned counsel for the parties, we are of the considered view that once the Corporation has been closed down after complying with the provisions of Section 125(o) of the Industrial Disputes Act,1947 then there is no escape from the conclusion that any direction for compassionate appointment of the appellant could be issued. It is appropriate to notice that a counter affidavit has been filed in the Letters Patent Appeal as the writ petition was dismissed on the first date of hearing. We are satisfied that the order passed by the learned Single in reaching the aforesaid conclusion does not suffer from any legal infirmity. Moreover, the written statement does not leave any manner of doubt that no post for appointment on compassionate basis would be available in view of the LPA No. 173 of 2010(O&M) 3 closure of the Corporation. There is no ground to interfere. The appeal is wholly without merit and does not warrant admission. Dismissed. (M.M.Kumar) Judge (T.P.S.Mann ) 31.1.2011 Judge okg.0