IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10369 of 2007 BRAJESH KUMAR SINGH , son of late Harendra Kumar Singh, resident of village Beluahi, P. O.- Nonahar, P. S. Bikramganj, District- Rohtas. …. Petitioner. Versus 1. THE STATE OF BIHAR 2. The Principal Secretary, Human Resources Development Department, Govt. of Bihar, New Secretariat, Patna. 3. The Director, Primary Education, Human Resources Development Department, Govt. of Bihar, New Secretariat, Patna. 4. The District Magistrate, Rohtas, Sasaram. 5. The District Superintendent of Education, Rohtas, Sasaram. 6. The District Education Officer, Rohtas, Sasaram. 7. The Block Education Extension officer, Bikramganj, District- Rohtas. …. Respondents. ----------- 2. 07.04.2011 Heard Mr. Sitesh Chandra Mitra, learned counsel for the petitioner and learned counsel for the State. The claim of the petitioner for his appointment on compassionate ground has been rejected on the ground that the application for the same was filed belatedly by the petitioner after a period of more than 17 years whereas as per the government policy such application had to be filed within the prescribed period of five years. Mr. Sitesh Chandra Mitra, learned counsel for the petitioner would submit that the petitioner was aged about one year when his father had died on 23.11.1987 and therefore the petitioner could not have filed the application for his appointment on compassionate ground 2 till he had become major and that is the reason he had filed such application on 24.10.2005. He is thus of the view that the respondents ought to have considered this aspect and could have allowed the claim of the petitioner for being appointed on compassionate ground. Counsel for the State would submit that not only the period of five years is circumscribed by the government policy but even otherwise the petitioner will not be entitled for appointment on compassionate ground inasmuch as he was a minor at the time of death of his father and remained so even in the period of limitation for five years in which he had to file his application for appointment on compassionate ground. In the opinion of this Court, the submission of learned counsel for the State has to be accepted. The petitioner was admittedly a minor aged about one year at the time of death of his father in 1987 and could become major only in the year 2004 and therefore when he did not acquire majority as per the government policy even within the prescribed period of five years of death of his father and did not file his application for appointment on compassionate ground till 1992, he cannot claim 3 appointment on compassionate ground as and when he would become major. The purpose of appointment on compassionate ground is to meet the immediate crisis of the family members arising on account of death in harness of the government servant and therefore if a minor was ineligible within the period of limitation of five years for being appointed on compassionate ground, he cannot claim it by way of reservation as and when he would become major. It is this aspect of the matter which has been also set at rest by the Division Bench of this Court in the case of Anil Kumar Singh Vs. State of Bihar & Ors. and other analogous cases reported in 1993(1)PLJR 414. That being so, this writ application is wholly misconceived and is, accordingly, dismissed. kanchan (Mihir Kumar Jha, J.)