Letters Patent Appeal No.264 OF 2006 (Against the judgment and order dated 2.3.2005 passed in C.W.J.C.No. 12425 of 2004 by learned Single Judge) ****** Chandan Kumar, son of Late Bijendra Kumar, resident of Mohalla Purandarpur, Police Station Pirbahore and District Patna. ------Appellant Versus 1. The State of Bihar 2. Commissioner, Commercial Taxes, Government of Bihar, Patna. 3. Deputy Commissioner, Commercial Taxes, Patna Special Circle, Patna. 4. Joint Commissioner, Commercial Taxes (Administration), Patna Division, Patna ------Respondents ****** P R E S E N T THE HON'BLE MR. JUSTICE SUDHIR KUMAR KATRIAR THE HON'BLE MR. JUSTICE KISHORE KUMAR MANDAL ****** S. K. Katriar & K.K.Mandal,J.J. Heard learned counsel for the appellant. This appeal under clause 10 of the Letters Patent of the High Court of Judicature at Patna has been preferred by the petitioner of C.W.J.C.No. 12425 of 2004 ( Chandan Kumar vs. The State of Bihar & others), and raises a grievance with respect to the order dated 2.3.2005, whereby the writ petition was dismissed, and this Court declined to issue any direction to consider the appellant’s case for consideration for appointment on compassionate ground. It appears that the Government employee died on 23.09.1993, when the appellant was a minor. In view of the Government circulars then in force read with the amendments, he could apply within a period of five years of appointment on 2 compassionate ground. The appellant could not acquire the eligibility within the period of five years from the date of death of the employee, and remained a minor till that time. In that view of the matter, his application was rejected by the authorities, leading to the writ petition which has been rejected on the same ground. We agree with the order. The appeal is dismissed. Patna High Court, Dated the 27th April,2010 Sym/ NAFR (S.K.Katriar,J.) ( Kishore K. Mandal, J.)