IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2349 of 2011 ====================================================== Basuki Nath Pathak, S/O Late Nishikant Pathak, resident of village + P.O. Madhukar Chowk, P.S. Bihariganj, District-Madhepura .... .... Petitioner Versus 1. The State Of Bihar 2. The District Compassionate Committee, Madhepura through the District Magistrate, Madhepura 3. The District Education Officer, Madhepura .... .... Respondents ====================================================== Appearance : For the Petitioner : M/s.. Bipin Bihari Singh & Ashok Kumar For the Respondents : M/s. Anil Kr. Upadhyay,SC-20 &. Naresh Prasad, AC to SC-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 3 29-08-2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks appointment on compassionate ground challenging the rejection of his claim by the District Compassionate Appointment Committee on 7.7.2001 on the ground that on the date of death of his father the petitioner was only 11 years 2 months and 21 days old which does not make him eligible for appointment on compassionate ground even on the date of his application. Reference has been made in the said order to circular no. 4735 dated 19.5.1992 of the Personnel and Administrative Reforms Patna High Court CWJC No.2349 of 2011 (3) dt.29-08-2011 Department in the proceedings dated 7.7.2001 in which it is stated that if an applicant for compassionate appointment was minor on the date of death of the government servant and has acquired majority after many years then such cases are not fit for consideration. Learned counsel for the petitioner seeks to rely upon a letter dated 5.9.2008 (Annexure-5) issued by the Personnel and Administrative Reforms Department in which it is stated that cases on compassionate appointment should be considered on the basis of circular which was prevailing on the date of death of the government servant; in the case of the petitioner his father having died on 26.12.1985 the same would be the circular No. 11846 dated 30.11.1984, in which only two years time was prescribed for filing an application for compassionate appointment and the petitioner had not become major within the said two years period; it was directed that the matter should have been considered on the basis of the applicable circular No. 11846 dated 30.11.1984 and not the circular no. 4735 dated 19.5.1992. This Court is unable to accept as to how the letter dated 5.9.2008 can be of any help to the petitioner. It clearly says that the case of the petitioner ought to have been Patna High Court CWJC No.2349 of 2011 (3) dt.29-08-2011 considered in the light of circular dated 30.11.1984 and the petitioner did not acquire majority during the two years period which was applicable at that time. Thus no benefit can be derived by the petitioner from the said circular. In any case, the law has been clearly laid down by the Apex Court in the case of Umesh Kumar Nagpal Vs. State of Haryana & Ors.: (1994) 4 SCC 138 that if a dependant was minor on the date of death of the Government servant, then the post cannot be kept reserved for the said person until he attains majority and the case of compassionate appointment can be considered only within a reasonable period of time on the ground that compassionate appointment basically is in the teeth of the constitutional requirement under Article 16 of the Constitution of India. The exception is permitted by the Court on the ground of relieving the immediate financial hardship caused to the dependents of the sole bread earner, but such ground does not continue to operate after a period of seven years as in the case of the petitioner. This Court therefore, does not find any reason to accept the contention raised by learned counsel for the petitioner. Patna High Court CWJC No.2349 of 2011 (3) dt.29-08-2011 The writ petition is accordingly dismissed. S. Pandey/- (Ramesh Kumar Datta, J)