IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4211 of 2009 Baij Nath Prasad Army No. 1067555 Ex LD, son of Sri Sarjug Prasad, resident of village – Kala Bhagwanpur, P.O.- Sarasat, The- Nabutpur, P.S.- Nabutpur, District- Patna (Bihar). -------- Petitioner Versus 1. The Union of India through the Defence Secretary, Army H.Q., Defence H.Q., New Delhi. 2. The Chief of the Army Staff, Army H.Q. Defence H.Q., New Delhi. 3. The Director General of Armoured, Armoured Directorate, Army H.Q., Defence H.Q., New Delhi. 4. The Record Officer, Kavachit Corps Abhilekh, Armoured Corps Records, Ahmad Nagar- 414002. --------- Respondents ----------- 4 4.5.2011 Having heard learned counsel for the parties and taking into account that the only prayer made in this writ application is for appointment of a married daughter of the petitioner on compassionate ground, this Court must reject the same, inasmuch as, the respondents have clearly made a statement in paragraph no.7 of the counter affidavit, reading as follows; “7. ------It is also pointed that as far as appoint of married daughter of the petitioner on compassionate ground is concerned, the married daughter of the petitioner has not eligible to get employment on compassionate ground as it is clearly stated in para 219 of the pension Regulations for Army – 1961 (part-1), that „‟ if a daughter attain the age of 25 years or marriage which ever is earlier shall be lost her dependency with her father. In view of the above rule position, it clears in the instant case that the married daughter of the petitioner has not fulfilled the required condition. /criteria to become a legal dependent of the petitioner as the has got married as per Hindu Marriage Act 1955 and from that date she has debarred from getting any benefits being a dependent of her father.” that a married daughter is not entitled for appointment on compassionate ground. It has to be noted that though a rejoinder to the counter affidavit has been filed, the averments made in paragraph no.7 of the counter affidavit has not been controverted by placing any contrary Government instruction entitling the married daughter to be appointed on compassionate ground. That being so, this writ application is wholly misconceived and is accordingly dismissed. Rsh (Mihir Kumar Jha, J.)