IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10572 of 2006 Umrawati Devi, wife of Late Jag Narayan Pandey, resident of village Sobeyon, P.O. Dhawani, P.S. Karakat, District-Rohtas ….. Petitioner Versus 1. The State of Bihar 2. The Director General of Police, Bihar, Patna 3. The Inspector General of Police, Central Range, Patna 4. The Deputy Inspector General of Police, Central Range, Bihar, Patna 5. The Senior Superintendent of Police, Patna 6. The Superintendent of Police, Patna ……… Respondents. ----------- For the petitioner :- Mr. Rakesh Narayan Singh, Advocate For the State :- Mr. Raghvendra Kr. Singh, AC to GA 5 ----------- 2. 15.4.2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks appointment of her son on compassionate ground on account of death of her husband while he was working as a constable in the services of Patna Police. The case of the petitioner is that the husband of the petitioner was placed under suspension pursuant to Departmental proceeding in the year 1983 and subsequently while still under suspension he was killed in a family dispute over property on 27.3.1985. It is stated that thereafter he was dismissed from service and subsequently the same was withdrawn and the petitioner is being paid family pension. It is admitted that the son of the petitioner was aged only about 2 years on the date of death of the petitioner’s husband. In the counter affidavit filed by Respondent No.5, the Senior Superintendent of Police, Patna the stand taken is that the petitioner or her son never filed any application for appointment on compassionate ground and thus her application is barred on account of 2 five years limitation for filing such an application. Learned counsel for the petitioner submits that the petitioner could not file an application on account of the wrongful suspension of her husband and further so far as her son is concerned he could not file any application since he was two years old at the time of death of his father. On a consideration of the facts and circumstances of the case, this Court does not find any merit in the writ application. It is evident that the petitioner never filed any application for appointment on compassionate ground and thus there was no occasion for the respondent-authorities to consider her case and after lapse of five years no such application can be permitted to be filed. The appointment on compassionate ground cannot be granted to any person after a lapse of many years as laid down by the Supreme Court in the case of Umesh Kumar Nagpal Vs. State of Haryana and ors: (1994) 4 SCC 138 wherein the said proposition has been laid down. It is evident that a person who was two years old at the time of death of his father cannot be granted appointment on compassionate ground after waiting for a period of 16 years. The compassionate appointment is granted to enable the family of the deceased government employee to tide over the immediate financial hardship on the death of the bread winner. With the passage of long years raison d’etre for such appointment ceases to exist and no such appointment can be granted on compassionate ground. For the aforesaid reasons, the writ application is dismissed. S.Pandey (Ramesh Kumar Datta, J.)