IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11192 of 2006 Nimai Singh, Son of Late Hari Narayan Singh, Resident of village- Jiyanpur, P.S.-Kalagharia, District-Jamtara. -Petitioner. VERSUS 1. Managing Director, State Food Corporation, Head Quarter at Virchand Patel Road, Sone Bhawan, Vth Floor, Patna. 2. District Manager, State Food Corporation, Dudhani, Dumka. -Respondents. ----------- Advocate for the Petitioner : Mr. Bishwanath Upadhaya. Advocates for the Respondents : Mr. R.S. Pradhan, Sr. Adv. Mr. A. N. Rai. ----------- 04 04.09.2009 The petitioner is the son of Late Hari Narayan Singh, who was an employee of the Bihar State Food Civil Supplies Corporation at Dumka. Petitioner’s father died in harness on 01.05.1996. After death of petitioner’s father petitioner made an application for being considered for compassionate appointment. The application was made after petitioner attained the age of 18 years in the year 1999 or thereabout. Alleging no action having been taken petitioner has come to this Court. Respondent Corporation has filed a counter affidavit and supplementary counter affidavit. Their specific stand is, in view of the State Government letter of the year 1993 and 1996 no fresh appointments are permitted to be made either directly or on compassionate grounds. It is further specifically stated that in fact after the year 1993 no fresh appointment either directly or on compassionate ground has been made. It is further stated that in the year 2004 along with several other person petitioner’s claim was specifically rejected. It is, thus, prayed by the respondent-Corporation that no relief can be granted to the petitioner. The petitioner is not in a position to contradict - 2 - the specific averments under oath as made in the counter affidavit as well as in the supplementary counter affidavit of the respondent- Corporation, as noted above. In that view of the matter, the Corporation not having been any sort of appointment after 1993 either directly or by way of compassionate appointment. The question of giving compassionate appointment to the petitioner does not arise. The writ petition, thus, merits no consideration and is dismissed accordingly. Trivedi/ (Navaniti Prasad Singh, J.)