IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6755 of 2010 1. Chhote Lal S/O Late Kedar Prasad R/O Gewalbigha, Nalapar, P.O. Sadar, P.S. Civil Lines, Gaya Versus 1. The State Of Bihar 2. The Principal Secretary, Finance Department, Govt. Of Bihar, Patna 3. The Deputy Secretary, Finance Department, Govt. Of Bihar, Patna 4. The District Magistrate, Gaya 5. The Superintendent, Press & Forms, Bihar, Gaya ---------------------------------- For the Petitioner : Mr. S.C. Mitra, Advocate For the State : Ms. Bandana Singh, AC to SC 25 ------------ 4. 19.09.2011 Heard learned Counsel for the petitioner and the State. The petitioner is aggrieved by the order dated 22.6.2007 rejecting his prayer to be considered for compassionate appointment on the ground that he had applied beyond the period of time prescribed in law for the same. His father is stated to have been deceased on 27.12.1994. He claims to have applied in the prescribed manner on 20.5.1995. On his own showing from Annexure 2, his application, he did not fulfill the educational requirement of being Class VIII pass but was only a Class VII pass. Moreover, the Court finds that his claim has been rejected on 22.6.2007 but he has filed this writ application nearly three years later (short by two months) on 9.4.2010. An application by a person not eligible tantamounts to no application at all. Therefore the ground mentioned in the impugned order dated 22.6.2007 is hardly relevant. Whether it be the ineligibility of the petitioner at the initial stage or the passage of time since the date of rejection and institution of the application, or his ability to contest the matter from 1994 after the death of his father, it is more than apparent that he is not a person destitute, in penury because of the sudden death of the bread earner, a necessary pre-condition for compassionate appointment. The writ application is dismissed. Snkumar/- (Navin Sinha,J.)