IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3365 of 2011 ARUP KUMAR JHA, S/O Late Ugra Narain Jha, resident of Quarter No.812/C, Lanka Colony, E.C. Railway, Danapur, P.O. Khagaul, District Patna. Versus 1. THE UNION OF INDIA through G.M. E.C.Railway, Hajipur. 2. Divisional Railway Manager, E.C. Railway, Danapur. 3. Sr. D.P.O. E.C. Railway, Danapur. 4. Sr. D.S.T.E, E.C. Railway, Danapur. ----------- 2 11.03.2011 In the present writ petition the petitioner has chosen to question the order passed by the Tribunal dated 7.7.2006 in O.A. No.410 of 2005 whereby the Tribunal has rejected the claim of compassionate appointment of the petitioner due to death of his father in harness. As the writ petition has been filed after delay of five years from the date of cause of action, we are not inclined to admit this petition on the ground of delay and laches. Accordingly, this writ petition is dismissed. However, counsel for the petitioner has submitted that the reasons given in the order passed by the authority per-se are not tenable as both his brother has filed an affidavit stating therein that they have no objection if his brother Arup Kumar Jha (petitioner in the present writ application) is appointed on compassionate ground. We had the occasion to go through the affidavit filed by the brothers of the writ petitioner in which they have expressed their willingness to provide job on compassionate ground to their second brother, i.e. the present writ petitioner. 2 In that view of the matter, liberty is granted to the petitioner to make a representation before the concerned authority stating the fact that his other brothers are willing to provide job to him by filing an affidavit which is the part of the record in O.A. application. As and when such representation is made, the authority concerned is directed to dispose of the same without being influenced by any observation made by the authority in the impugned order. It is, however made clear that the respondent authority will also condone the delay as the petitioner was litigating from beginning before the tribunal for his claim. Abhay Kumar ( T. Meena Kumari, J.) (Shyam Kishore Sharma, J.)