IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14095 of 2011 Santosh Kumar Suman son of late Gudar Mandal, resident of Village-Hariraha, P.S.-Karjain, District-Supaul. ..........Petitioner Versus 1. The State Of Bihar through the Secretary-cum-Commissioner, Irrigation Department, Government of Bihar, Patna. 2. The Engineer-in-Chief, Irrigation Department, Irrigation Building, Government of Bihar, Patna. 3. The Superintending Engineer, West Kosi, Nahar Anchal, Madhubani. 4. The Executive Engineer, West Kosi jalwaha, Pramandal, Benipatti, Madhubani. 5. The Additional District Officer, West Kosi (Awar Pramandal Padadhikari), West Kosi Jalwaha Anchal, Division-1, Bennipatti, Madhubani. ........Respondents ----------- 02 17.10.2011 There are many impediments in way of petitioner getting the relief he is seeking now. The primary relief of appointment on compassionate head, under the respondents cannot be granted to him in view of the fact that father of the petitioner died on 23.02.2000 i.e. after his retirement on 31.08.1997. Submission of the counsel is that father of the petitioner was illegally or arbitrarily made to retire on 31.08.1997 instead of 31.08.2002 on a wrong reading of the date of birth. This fact cannot be gone into now, especially when a challenge was made in this regard by the wife of the late employee, and failed, as would be evident from perusal of Annexure-5. This is the order of dismissal of the writ by the learned single Judge when the employee was made to retire on a so called earlier date. The order of the learned single Judge was affirmed by the Division Bench in appeal. If that be so then the date of retirement of the father of the petitioner 2 would stay put at 31.08.1997 and that matter cannot be allowed to be re- opened merely because this time the son is before this Court instead of his mother. If the father of the petitioner had retired on 31.08.1997 then death occurred on 23.02.2000 i.e. post retirement. There is no provision for compassionate appointment on death happening after the period of superannuation. This writ application is dismissed. Safik (Ajay Kumar Tripathi, J.)