1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3320 OF 2009 Tryambak Pandurang Patil ..PETITIONER VERSUS The State of Mah. & ors. ..RESPONDENTS Mr S.R. Patil, Advocate for the petitioner; Mr S.K. Kadam, AGP for respondent – State CORAM : P. V. HARDAS AND R. K. DESHPANDE, JJ. DATE : 7th July, 2009 PER COURT : This is a petition under Article 226 of the Constitution of India by which the petitioner prays for issuance of a writ directing respondent no.2 to consider the claim of the petitioner for appointment on compassionate ground and accordingly to appoint the petitioner in class IV cadre on the post of Mile Worker, or Peon or on any other post. 2. It appears that the father of the petitioner died while in service on 7.7.2001. The petitioner accordingly submitted his application on 8.7.2001 2 seeking appointment on compassionate ground. The aforesaid application of the petitioner came to be rejected by the respondents by the communication dated 6.12.2005. In the said communication it is stated that the lowest post in the class IV cadre was that of a Peon and the educational qualification prescribed for the said post was 4 th standard pass. The petitioner, who admittedly had passed only 3 rd standard, was held to be ineligible. According to the petitioner the petitioner thereafter acquired the requisite educational qualification and submitted his application and sent a notice. The respondents replied to the said notice of the petitioner by communication dated 22.4.2008 and informed the petitioner that since the petitioner had acquired the requisite educational qualification after five years of the demise of his father and as no valid application for compassionate appointment had been submitted within five years, the petitioner was not eligible. 3. We have heard Shri S.R. Patil, learned Counsel for the petitioner and we have perused the impugned orders. It appears that the petitioner, when he had applied for appointment on compassionate ground, did not hold the requisite qualification. Subsequent thereto the petitioner sent a notice claiming to have acquired the requisite qualification. Since the application i.e a valid application of the petitioner had not been submitted within five years of the demise of his father, the petitioner was denied appointment on compassionate ground. We cannot fault the order of the respondents in 3 rejecting the application of the petitioner and consequently this petition fails and is summarily dismissed with no order as to costs. [ R. K. DESHPANDE, J.] [ P. V. HARDAS, J.] amj/wp3320.09