IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16176 of 2007 Sk. Mustafa, son of late Alimuddin, resident of Village & P.O. Madanpur, Police Station Araria, District Araria. -------- Petitioner Versus 1. The State of Bihar through Secretary, Human Resources Department, Primary Education, Bihar, Patna. 2. The Director, Primary Education, Bihar, Patna. 3. The District Magistrate-cum-Chairman Establishment Committee, Araria. 4. The Additional Collector, Establishment, Araria. 5. The District Superintendent of Education, Araria. 6. The Block Extension Education Officer, Araria-2, District Araria. -------- Respondents ----------- 3 15.4.2011 After some arguments, learned counsel for the petitioner, realizing that the application filed by the petitioner for appointment on compassionate ground was clearly time barred, would fairly submit that he would not like to press this application, inasmuch as, he does not find any plausible explanation for such delay in filing of the application by the petitioner. This Court even otherwise could not have looked into the aspect of compassionate appointment considering the fact that the father of the petitioner had died in the year 1978 and the writ application has been filed on 11.12.2007 and his earlier writ application filed before this Court for the 2 same relief had met a similar fate in an order of division bench dated 2.7.1992 in CWJC No. 738 of 1991, which reads as follows:- “In view of the fact that the petitioner died as far back as in the year 1978 and as in view of the circular issued by the State of Bihar which was prevalent at that time, the petitioner’s case for appointment on compassionate ground could have been considered only within two years from the date of death, and as it appears that the petitioner filed second representation in the year 1985; first being in the year 1979, we do not intend to exercise our discretion under Article 226 of the constitution of India on the ground of delay and latches on the part of the petitioner. The application, is therefore, dismissed.” In view of the aforesaid order this writ application is clearly barred by the principles of Resjudicata and constructive Resjudicata. That being so, this application is, accordingly, dismissed as not pressed. Rsh (Mihir Kumar Jha, J.)