IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8720 of 2007 MD.USMAN, son of late Md. Nasimuddin, resident of village Salempur, P.O. Mojahidpur, P.S. Jagdishpur, District Bhagalpur … Petitioner Versus 1. THE STATE OF BIHAR, through the Director, Primary Education, New Secretariat, Patna 2. The District Superintendent of Education, Bhagalpur 3. The Block Education Extension Officer, Jagdishpur, Bhagalpur 4. The Principal, Primary School, Salempur, P.O. and P.S. Jagdishpur, District Bhagalpur … Respondents ----------- 2. 6.4.2011 Heard counsel for the petitioner and the counsel for the State. The petitioner was aged about seven years (his date of birth being 10.3.1978) when his father died in harness on 18.3.1985. The petitioner obviously being a minor and remaining a minor in next two years being the period of limitation as prescribed in the Government resolution dated 12.7.1977 had filed his application for compassionate appointment only in the year 1996 when he become major. The grievance of the petitioner is that he has not been appointed on compassionate ground despite existence of a large number of vacancies. In the considered opinion of this 2 Court moment the petitioner accepts that he was a minor aged about seven years at the time of death of his father and remained minor even in the period of limitation which was then two years and therefore, could not become major even upto 18.3.1987, he will have no claim for appointment on compassionate ground, inasmuch as such scheme for appointment on compassionate ground is not by way of a reservation of vacancy till minor dependent child of the deceased employee would become major. This aspect of the matter in fact stands settled by the Division Bench of this Court in the case of Arnil Kumar Singh & ors. vs. The State of Bihar & ors., reported in 1993(1) PLJR 414. Once this aspect becomes clear, it would be difficult for this Court to issue any direction for appointment of the petitioner on compassionate ground. Let it be noted that the father of the petitioner had died in 1985 and this writ application after 22 years of his death seeking appointment on compassionate ground even otherwise is wholly belated and therefore, this Court would not find any 3 reason to give relief as prayed in this writ application. That being so, this application is wholly misconceived and is, accordingly, dismissed. (Mihir Kumar Jha,J.) Surendra/