IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5941 of 2009 GOVIND RAUT Versus THE STATE OF BIHAR & ORS ----------- 2 12.5.2009 Heard counsel for the petitioner and counsel for the State. The claim of the petitioner for compassionate appointment has been rejected by the District Compassionate Appointment Committee on the ground of its being barred by the period fixed by the Government in the policy. There is no dispute to this effect that on 16.10.1997 when the father of the petitioner died in harness the petitioner was aged about 13 years and 2 months and therefore, the mother of the petitioner had filed an application for her own appointment on compassionate ground but that application was considered and ultimately rejected in the year 2003 by an order dated 9.5.2003 on the ground that she did not possesses the requisite qualification of even having passed Class-8 examination. The matter, thereafter, was not agitated by the mother of the petitioner and now the petitioner after attaining majority and having filed a belated 2 application after expiry of the period of five years from the date of death of the father, has approached this Court for a direction for the appointment on compassionate ground by seeking to challenge the decision taken by the District Compassionate Appointment Committee on 19.7.2008. As recorded above, the policy of the Government of Bihar in the matter of compassionate appointment fixes a time limit of five years for filing an application in which period the petitioner being minor was not eligible. That apart, when the authorities have considered the case of mother of the petitioner for compassionate appointment and have found her ineligible for such appointment, there would be no right vested in the petitioner to claim the appointment on compassionate ground even after expiry of a period of 12 years from the date of death of his father. That being so, there is no merit in this application and the same is accordingly dismissed. Rsh (Mihir Kumar Jha, J.)