IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.272 of 2008 DEEPAK KUMAR, S/O LATE KISHORI DAS, R/O VILLAGE GHARAUNI TOLA, P.S. MOKAMA, DISTRICT PATNA. …………………………PETITIONER. Versus 1.THE STATE OF BIHAR THROUGH THE COMMISSIONER CUM SECRETARY, PUBLIC HEALTH ENGINEERING DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 2.THE ZILADHIKARI SAH ADHYAKSHA, ZILA ANUKAMPA SAMITI, PATNA (THE DISTRICT OFFICER CUM CHAIRMAN, DISTRICT COMPASSIONATE COMMITTEE, PATNA). 3.THE ENGINEEER IN CHIEF, PUBLIC HEALTH ENGINEERING DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4.THE CHIEF ENGINEER, PUBLIC HEALTH ENGINEERING DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 5.THE SUPERINTENDING ENGINEER, PUBLIC HEALTH ENGINEERING PATNA ANCHAL (CIRCLE), PATNA. 6.THE EXECUTIVE ENGINEER, PUBLIC HEALTH ENGINEERING DIVISION, PATNA(EAST), PATNA. ……………………………RESPONDENTS. ----------- 02/ 15.04.2011 Heard counsel for the petitioner and counsel for the State. The prayer of the petitioner for appointment on compassionate ground has been rejected by the District Compassionate Appointment Committee, on the ground that the application filed by the petitioner was barred by limitation of five years. Counsel for the petitioner while assailing such reason would submit that as a matter of fact, the petitioner was minor on the date of death of his father and as such 2 when he could become major had filed his application for appointment on compassionate ground. This court would find that the father of the petitioner died on 05.02.2000, at the point of time when the petitioner was below 12 years of age (his date of birth being 10.05.1988). The petitioner therefore, could not become major in next five years which is the period of limitation provided by the Government for filing of an application for appointment on compassionate ground and as such the petitioner was ineligible for filing of such application for appointment on compassionate ground even on the date of expiry of period of limitation.Thus the petitioner’s application filed after his becoming major was correctly rejected on the ground of its being time barred. The plea of the petitioner for appointment on compassionate ground after becoming major would really amount to making reservation for the petitioner on the ground of death of deceased employee. That however, is not the scheme of compassionate appointment where a person has to be 3 appointed immediately after the death of the deceased employee in order to provide immediate relief to the family of the deceased employee to ward off the crisis created on the death of the bread earner. Thus if the petitioner being a minor could not become major and hence ineligible for appointment in Government service even within a period of next five years from the date of death of the deceased employee he would not be entitled for appointment on compassionate ground. This aspect of the matter in fact has been settled by judgment of the Division Bench in the case of Anil Kumar Singh vs The State of Bihar & ors, reported in 1993(1) PLJR 414. That being so, this court does not find any error in the impugned decision taken by the Compassionate Appointment Committee refusing to appoint the petitioner on compassionate ground. This application being devoid of any merit is, accordingly, dismissed. Ranjan (Mihir Kumar Jha,J)