IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17736 of 2010 BIHESHWAR SINGH, SON OF LATE RAM JANAM SINGH, RESIDENT OF VILLAGE- BRAMHAR, P.S.-PIRO, DISTRICT- BHOJPUR AT PRESENT ADDRESS-AZAD NAGAR (MANGO0 JAMSHEDPUR JHARKHAND. …..PETITIONER. Versus 1. THE UNION OF INDIA THROUGH THE COMMISSIONER, CENTRAL EXCISE, PATNA. 2. THE ASSISTANT COMMISSIONER (EST) CENTRAL EXCISE DEPARTMENT, PATNA. 3. THE DEPUTY COMMISSIONER, CENTRAL EXCISE & CUSTOMS DEPARTMENT DIVISION MOTIHARI. …..Respondents. ----------- For the petitioner : Bindeshwar Prasad Singh, Adv. For the U.O.I. : Mrs. Archana Meenakshee Mrs. Archana Sinha, Advocates. ----------- 3 01.12.2010 Heard learned counsel for the petitioner and learned counsel for the Union of India. Petitioner’s father died in harness as a sepoy in the service of Central Excise Department. The application for compassionate appointment of petitioner remained pending and ultimately it was rejected on 26.05.2004 by Annexure-1. Since that order did not disclose reasons, the Central Administrative Tribunal, Patna Bench, Patna, by order dated 28.06.2006 in O.A. No.357 of 2006 disposed of the O.A. with a direction to the authorities to 2 reconsider the matter by a reasoned order. Again the claim of the petitioner was rejected by a reasoned order contained in Annexure-2 dated 28/29-08-2006 passed by the Commissioner, Central Excise, Patna. The reason given by the Commissioner is non- availability of vacancy for petitioner’s claim within 5% quota of vacancy fixed for compassionate appointment. Such a plea was challenged by the petitioner before the Tribunal through O.A. No.708 of 2006, which has been dismissed by the impugned order dated 29-01-2010. The tribunal has recorded that more needy persons as compared to the applicant were offered appointment and hence petitioner could not be offered appointment because of limited number of posts available under the quota of 5% for compassionate appointment. Now more than 12 years have lapsed since the death of petitioner’s father. Considering all the facts and circumstances, we do not find any reason to interfere in the matter. The writ petition is therefore dismissed. PN (Shiva Kirti Singh, J.) (Dr. Ravi Ranjan, J.)