IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1327 of 2010 DEEPAK KUMAR S/O LATE MUNSHI THAKUR R/O PAURA, P.S- KADIRGANJ, DISTT- NAWADA Versus 1. THE UNION OF INDIA THROUGH DEFENCE SECRETARY, NEW DELHI 2. DEFENCE SECRETARY, GOVT. OF INDIA SENA BHAWAN, NEW DELHI 3. ENGINEER IN CHIEF ARMY HEAD QUARTER, D.H.Q. NEW DELHI-110011 4. CHIEF ENGINEER, HEAD QUARTER, EASTERN COMMAND, MINISTRY OF DEFENCE FORTS WILLIAM KOLKATA, 700021 5. CHIEF ENGINEER, HEAD QUARTER KOLKATA, ZONE BALGANJ, MAIDAN CAMP KOLKATA- 700019 6. COMMANDER WORKS ENGINEER SUB-ARB (BARAKPUR) WEST BENGAL, 7. GARISON ENGINEER (NORTH), KOLKATA 46, (BARAKPUR), TRUNK ROAD, KOLKATA-700050 ----------- 03. 16.02.2010 Heard learned counsel for the petitioner and the Union of India. 2. Petitioner has filed this writ application for a direction to the Army authorities to consider his case for appointment on compassionate ground. Father of the petitioner, who was serving as Dafadar in the office of the Chief Engineer, Headquarter, Eastern Command, Fort William, Kolkata died on 31.12.1995, soon thereafter application for compassionate appointment was made on 4.3.1996 vide Annexure-2, which has been rejected under order dated 8.8.2002 contained in Annexure-4 to this application. Having received the order rejecting the claim for compassionate appointment petitioner through his advocate under representation dated 25.9.2002, Annexure-5 requested the authorities to reconsider the matter. Aforesaid subsequent representation was rejected by the army authorities under letter dated 22.8.2007, Annexure-9. By filing the present application petitioner has impugned the two orders dated 8.8.2002 and 22.8.2007, Annexures-4 and 9 on the ground that the reasons indicated in the two - 2 - orders are not germane as according to the petitioner he could not have been refused compassionate appointment on the ground that only 5% posts are reserved for such appointment and petitioner’s candidature for such appointment exceeded such limit. 3. This Court is not inclined to go into the reasons for rejecting the request of the petitioner for compassionate appointment as petitioner has filed this application belatedly after more than 14 years of the death of his father and more than 8 years of the passing of the first rejection order i.e. on 8.8.2002, Annexure-4. 4. Accordingly, this writ application is dismissed. Rajesh/ (V.N.Sinha, J.)