IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4143 of 2008 MD.SHAHID HUSSAIN,S/O LATE SHEIKH IMAMUDDIN, R/O VILLAGE GIRDA, P.S. JALALGARH, DISTRICT PURNEA. ………………………PETITIONER. Versus 1.THE STATE OF BIHAR THROUGH CHIEF SECRETARY, OLD SECRETARIAT, BIHAR, PATNA. 2.THE SECRETARY, DEPARTMENT OF PERSONNEL & ADMINISTRATIVE REFORMS, OLD SECRETARIAT, BIHAR, PATNA. 3.THE SECRETARY CUM COMMISSIONER, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 4.THE DISTRICT MAGISTRATE CUM PRESIDENT, DISTRICT COMPASSIONATE APPOINTMENT COMMITTEE, PURNEA. 5.THE CIVIL SURGEON CUM CHIEF MEDICAL OFFICER, PURNEA. ………………………RESPONDENTS. ----------- 02/ 20.04.2011 Heard counsel for the petitioner and counsel for the State. The prayer of the petitioner for compassionate appointment has been rejected by the District Compassionate Appointment Committee, on the ground that the application was filed by the petitioner after a long gap of 24 years from the date of death of his mother. Counsel for the petitioner would submit that when the mother of the petitioner holding the post of A.N.M died on 08.03.1978, he was aged about 8 years and therefore the petitioner could file his application only 2 after becoming major. It has further been explained that the petitioner has also lost his father soon after the death of his mother and had become orphan and therefore the District Compassionate Appointment Committee ought to have shown some more compassion in the case of the petitioner. Counsel for the State on the other hand with the help of the counter affidavit would submit that, once it is admitted by the petitioner himself that he was minor at the time of the date of death of his mother and remained a minor even in the next two years, which was the period of limitation for filing the application for compassionate appointment under the existing policy dated 12.7.1977 he would be automatically disentitled for being appointed on compassionate ground. It has further been submitted that the petitioner in fact had filed his application in the year 2002, and his application was forwarded to the Compassionate Appointment Committee on 18.02.2002, whereafter a decision had been taken on 20.06.2002 rejecting the case of the petitioner on account of inordinate delay of 24 years in filing of such application. 3 In the considered opinion of this Court, the claim of the petitioner for compassionate appointment was correctly rejected, inasmuch as, the petitioner was ineligible for compassionate appointment on account of his being minor at the time of date of death of his mother. This aspect of the matter in fact has been settled by the Division Bench in the case of Anil Kumar Singh vs The State of Bihar & ors, reported in 1993(1) PLJR 414. Thus in view of the fact that the petitioner had filed a wholly belated application after 24 years, which was clearly time barred and the fact that the petitioner wanted appointment on compassionate ground after 24 years of the date of death of his mother, the same had to be rejected. Consequently this writ application fails and is, accordingly, dismissed. Ranjan (Mihir Kumar Jha,J)