LPA No. 1465 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 1465 of 2010 (O&M) Date of Decision 12.01.2011 Food Corporation of India and others -----Appellants Versus Kuldeep Singh ---Respondent CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE T.P.S. MANN Present: Mr. K.K. Gupta, Advocate for the appellants. Mr. G.P.S. Bal, Advocate for the respondent 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. 1. The instant appeal under Clause X of the Letters Patent is directed against order dated 07.09.2009 passed by the learned Single Judge directing the appellant to consider the claim of the petitioner for grant of compassionate appointment on merit. Obviously the direction has to be taken to mean that the case of the writ petitioner-respondent has to be considered without taking into account any delay particularly when the learned Single Judge has mentioned that an application was filed on 27.02.2004 (Annexure P- 2) and her claim could not have been rejected on the preposterous ground of delay. LPA No. 1465 of 2010 (O&M) -2- 2. Having heard learned counsel for the parties and taking into account the nature of relief granted by the learned Single Judge, we are not inclined to interfere in the order passed by the learned Single Judge because the father of the writ petitioner-respondent had died-in-harness and was survived by a widow and five children. It obviously shows that there was no other bread earner in the family to look after them. The learned Single Judge is conscious of the aforesaid fact. 3. Accordingly, the appeal fails and the same is dismissed. 4. In view of the dismissal of the appeal on merit, we do not wish to pass any order on the application seeking condonation of 164 days delay in filing of the appeal. (M.M. KUMAR) JUDGE (T.P.S. MANN) JUDGE January 12, 2011 Atul