IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.235 of 2007 1. MITHALESH KUMAR, AGED ABOUT 27 YEARS, S/O LATE UMESH PRASAD SINGH, R/O VILLAGE-SAHALI- CHAK, P.O. AHIAPUR (MANER), P.S.MANER, DISTRICT- PATNA, BIHAR. 2. MOSTT. ANANTEE DEVI, AGED ABOUT 48 YEARS, WIFE OF LATE UMESH PRASAD SINGH AND THE MOTHER OF THE PETITIONER NO.1, R/O VILLAGE-SAHALI-CHAK, P.O. AHIYAPUR (MANER), P.S. MANER, DISTRICT-PATNA (BIHAR). -APPELLANTS Versus 1. THE STATE OF BIHAR, THROUGH THE SECRETARY-CUM COMMISSIONER, DEPARTMENT OF (HOME), BIHAR, PATNA, RESPONDENT NO.3 2. THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. 3. THE SECRETARY-CUM-COMMISSIONER, DEPARTMENT OF HOME, BIHAR, PATNA. 4. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, BIHAR, PATNA. 5. THE A.I.G OF POLICE, BIHAR, PATNA. 6. THE SECRETARY-CUM-COMMISSIONER, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE, BIHAR, PATNA. 7. THE STATE FIRE OFFICER, BIHAR, PATNA. 8. THE DISTRICT MAGISTRATE CUM COLLECTOR, GAYA. 9. THE FIRE OFFICER, GAYA. -RESPONDENTS 3 28.04.2011 The present Letters Patent Appeal is filed against the rejection of the appellants writ petition by the learned single Judge wherein appellant no.1 sought the compassionate appointment on the death of his father who died in harness. The learned single Judge has observed that the said application has been filed beyond the period of limitation as required under the Rules and the 2 Authorities were right in not providing appointment on compassionate grounds. The learned Government Pleader has also contended, as the application is barred by limitation, it is beyond the period of five years, his application could not be considered on the post of compassionate grounds following the death of his father. In view of the above, we are of the opinion that if the appellant no.1 makes an application for any future vacancy it can be dealt with on its own merit. The Authorities concerned (respondents no.8 and 9) shall consider the same as per Rules, without being influenced by any of the observations made by this Court either in the Letters Patatent Appeal or in the Writ petition. With the above observations, this Letters Patent Appeal is disposed of. (T. Meena Kumari, J.) AAhmad ( Akhilesh Chandra, J.)