IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10019 of 2007 MOHAN RAUT, S/O LATE SHYAM BAHADUR RAUT, R/O VILLAGE-DIGHAWA TOLA, P.S.-BAIKUNTHPUR, DISTRICT-GOPALGANJ. ……………………PETITIONER. Versus 1.THE STATE OF BIHAR. 2.THE COMMISSIONER, SARAN DIVISION, CHAPRA. 3.THE SUPERINTENDENT OF POLICE, GOPALGANJ. 4.THE DEPUTY COLLECTOR-IN-CHARGE SUB DIVISIONAL GENERAL BRANCH, GOPALGANJ. 5.THE BLOCK DEVELOPMENT OFFICER, BAIKUNTHPUR. 6.SRI SUKHDEO RAUT, S/O LATE HEERA RAUT R/O VILLAGE DIGHWA TOLA, MATHIYA, P.S. BAIKUNTHPUR, DISTRICT GOPALGANJ. ……………………RESPONDENTS. ----------- 02/ 07.04.2011 Heard counsel for the parties. The prayer in this writ application is to quash the appointment of respondent no. 6, made on compassionate ground. Counsel for the petitioner would submit that the grandfather of the petitioner, late Balgovind Rout died in harness in the year-1975 and the father of respondent no-6, was appointed on compassionate ground in the year-1976. After the death of the father of respondent no-6, it is the respondent no-6, who got appointed on compassionate ground in the year-2006 and that is how, the cause of action arose to the petitioner for challenging the appointment of the father of 2 respondent no-6 and in process also respondent no-6. Mr. Jha, appearing on behalf of the State would raise objection as with regard to the maintainability of the writ application on the ground of unexplained delay. In this context, he would submit that the petitioner virtually in the garb of assailing the appointment of respondent no- 6, is aiming to question the appointment of the father of respondent no-6, which was made in the year-1976. He would, therefore, submit that this writ petition has been filed after 31 years, on the ground of unexplained delay and laches is not maintainable. Counsel for the petitioner in reply would submit that it is true that there has been inordinate delay in filing of the writ application by the petitioner, but then the petitioner had moved against the appointment of the father of respondent no- 6, sometime in the year 2004 and was awaiting the result of the proceeding that was initiated by him for cancellation of appointment of the father of respondent no- 3 6. In the considered opinion of this Court the appointment of respondent no-6, on compassionate ground cannot be questioned by the petitioner, inasmuch as, respondent no- 6, is the son of the deceased chowkidar, Late Heera Ram, whereas this petitioner has got no connection with late Heera Ram. As a matter of fact, when late Heera Ram died, the petitioner did not stake his claim for appointment on compassionate ground by claiming to be dependent a family member of late Heera Ram. In that view of the matter, the appointment of respondent no-6, made in the year 2006, must be rejected inasmuch as the petitioner has got no concern with respondent no-6. The other plea of the petitioner that even father of respondent no. 6, was not eligible for appointment on compassionate ground would amount to this writ application raising a cause of action of the year 1976. At that point of time, the petitioner, the grandson of Bal Govind Rout was not even born, inasmuch as, he was aged about 21 years on 25.07.2007 the date 4 of his swearing affidavit in support of this writ application. Thus the petitioner who was born sometime in the year 1986 cannot be allowed to question the appointment of the father of respondent no.6 on compassionate ground, made in the year 1976. As a matter of fact, even the explanation given by the counsel for the petitioner that the petitioner had undertaken some proceeding for cancellation of the appointment of the father of respondent no.6, of the year 1976 before the Collector of the district in the year 2004, is of no avail inasmuch as the same was wholly belated. This writ application, therefore, virtually raising cause of action of the year 1976, filed in the year 2007 is not maintainable on the ground of unexplained gross delay and laches. That being so, this writ application is wholly misconceived and is, accordingly, dismissed. Ranjan (Mihir Kumar Jha,J)