IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.746 of 2009 Ajay Kumar s/o late Ram pratap Ram, resident of village Bara, Post Office – Khajuria, via Dhambar, Police Station, District Bhojpur at Arrah ……… Petitioner Versus 1. The Union Of India through the Director General (Personnel) Geological Survey of India, CHO, 27 – Jawahar Lal Nehru Road, Kolkatta – 16 2. The Deputy Director General (Personnel) Geological Survey of India CHO – 27, Jawahar Lal Nehru Road, Kolkatta – 16 ……… Respondents For the petitioner: Mr. Narendra Kumar Mr. Vijay Kumar Ram, Advocates For the respondents: Mr. Sudhir Singh, Asst.S.G. ----------- 2 03-02-2009 This application has been filed for quashing the order dated 13th August, 2008 passed by the Patna Bench of the Central Administrative Tribunal in O.A. No.03 of 2008, whereby the application filed by the petitioner for appointment on compassionate ground has been dismissed. Mr. Narendra Kumar, appears on behalf of petitioner. Respondents are represented by Mr. Sudhir Singh, Assistant Solicitor General. Petitioner’s father died in harness on 27th August, 2002. He filed an application for grant of - 2 - appointment on compassionate ground on 30th September, 2002. By letter dated 3rd January, 2005, petitioner was informed that there is no post for providing him appointment on compassionate ground and his candidature will be considered only when post shall be available. Ultimately, by letter dated 27th November, 2006, he was informed that he cannot be appointed on compassionate ground. Petitioner challenged the said order before the Tribunal. The Tribunal found that the maximum period during which a candidate’s name can be kept under consideration is three years only and there being no post available during this period, he has no right to be appointed on compassionate ground. In this connection, the Tribunal has observed as follows: “According to the written statement filed by the respondents, the case of the application was processed in accordance with DOPT OM dated 26.11.1995 and reviewed by the compassionate appointment committee in each passing year. But the offer of appointment could not be given due to non-availability of the post. As per DOPT OM dated 5.5.2003, the maximum time a person’s name can be kept under consideration for offering compassionate appointment would be 3 years only. Accordingly, the applicant was informed - 3 - that he could not be offered compassionate appointment due to non availability of post and when the three years period was over the matter was closed.” We do not find any error in the same. Application stands dismissed in limine. Neyaz/- C. K. Prasad, ACJ. S. K. Sharma, J.