IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11689 of 2006 UPENDRA SAH . Versus THE STATE OF BIHAR & ORS . ----------- 2 11.5.2011 Heard counsel for the petitioner and the counsel appearing for the state. Petitioner’s prayer is for a direction to the respondents to shift his date of appointment from 26.4.1995 to 3.6.1988 and accordingly count his length of service. Petitioner’s father Tulsi Sah, a Peon working in the Agriculture Department and posted in Block Office, Krityanand Nagar, Purnea, died in harness on 28.2.1983. Petitioner being the eldest son filed his application for compassionate appointment. The application of the petitioner was considered and the departmental promotion Committee vide memo no. 3.6.1988 recommended petitioner’s name for compassionate appointment. Petitioner’s case is that he was never served/communicated the letter of appointment. He waited for communication of appointment letter for a long time and finally, filed a writ application in the year 1993 and then only letter No. 10447 was issued on 23.12.1994 by the Director, Agriculture, whereby he was appointed on the post of 2 Peon. It has been prayed by the petitioner that since petitioner could not join on the post in the year 1988 on account of delay in issuance of appointment letter, as such he should also be given benefit of seniority like others, whose names were also recommended for compassionate appointment by the compassionate Committee of the Department. His date of appointment be shifted from 26.4.1995 to 3.6.1988, in order to give his seniority and all consequential benefits. In the counter affidavit filed by the State, it has been stated that on the basis of the recommendation made in favour of the petitioner, he was duly communicated regarding his appointment, asking him to submit his claim before the respondent no.2 vide letter No. 6419 dated 3.6.1988. However, petitioner himself did not choose to join. Petitioner again started showing his interest by filing writ application and a fresh appointment letter was issued in favour of the petitioner on the basis of which he gave his joining on 26.4.1995. I do not find any merit in this application considering the statement made in the counter affidavit. Recommendation was made in favour of the 3 petitioner in the year 1988. He himself did not show any interest, as such his joining was delayed. In this circumstance, there is no reason for shifting his date of appointment from 26.4.1995 to 3.6.1988. This application is dismissed. A. Kumar ( Mridula Mishra, J.)