IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2692 of 2007 Jitendra Singh @ Jitendra Kumar, son of late Darbari Singh, Resident of Village Ayar, P.S. Jagdishpur, District Bhojpur. -------- Petitioner Versus 1. The Union of India through Secretary, Ministry of Defence, Govt. of India, New Delhi. 2. HQ, A.M.C. Centre and School, Lacknow-2, U.P. 3. Kaman Adhikari, 436, Field Abulance, C/o 56, A.P.O., Lacknow-2. 4. The Zila Sainik Kalyan Padadhikari, Bhojpur, Ara. --------- Respondents ----------- 2 01.04.2011 Heard learned counsel for the petitioner and counsel for the respondents. The prayer of the petitioner in this writ application is for direction to the respondents to appoint him on compassionate ground. Counsel for the petitioner would submit that though the father of the petitioner died on 22.9.1998 when the petitioner was minor aged about 10-11 years and became major only in the year 2005, the authorities ought to have appointed the petitioner on compassionate ground specially when the widow, the mother of the petitioner is solely dependent on the petitioner. Dr. Mayanand Jha, learned counsel for the respondent would point out that neither the scheme of compassionate ground provides for filing of an application by any 2 dependent after becoming major nor the scheme can be applied by way of reservation for one post till someone from the family of the deceased employee is appointed. He in this regard has explained that there is period of limitation prescribed in the Government of India scheme being followed strictly by the Army authorities and as there was no application filed by the widow for her own appointment within the prescribed period and such an application came to be filed way back in the year 2005 after the petitioner became major, the same was itself time barred and not maintainable. In the considered opinion of this Court, the case of the petitioner for compassionate appointment has to be rejected, inasmuch as, if the petitioner was not qualified to be appointed within the prescribed period and no such application was filed by him on account of his being minor, he cannot expect his appointment to be made after more than thirteen years of the death of his father. It is undisputed fact that the petitioner was the minor at the time of death 3 of his father and could not become major even in the period of limitation prescribed under the Government circular. This aspect of the mater as with regard to entertaining application of minor after become major was strictly gone into by this Court in the case of Anil Kumar Singh Vs. State of Bihar & Ors. and other analogous cases reported in 1993(1)PLJR 414 wherein it has been held that an application for compassionate appointment can be maintained by a minor dependent only if he would become major within the prescribed period of limitation. Additionally, this Court would find that the family has survived for now almost thirteen years from the date of death of the deceased employee and, therefore, it would not be a sound exercise of discretion by this Court to now issue a direction for considering the case of the petitioner for appointment on compassionate ground. That being so, this application has got no merit and is dismissed accordingly. Rsh (Mihir Kumar Jha, J.)