IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10311 of 2006 SHIV CHANDRA THAKUR son of late Ratneshwar Thakur resident of village Dhanduah, P.S.Jandaha, District Vaishali---------------------petitioner Versus 1.THE UNION OF INDIA through the Ministry of Home Affairs 2.The Director General, Central Industrial Security Force (C.I.S.F.), 13, C.G.O. Complex, Lodhi Road New Delhi 3.The Inspector General, C.I.S.F. (E.S.) H.Qrs. Patliputra Colony, Boring Road, Patna 4.The Assistant Inspector General (Recruitment), C.I.S.F. Head Quarters, New Delhi 5.The Deputy Inspector General, C.I.S.F., B.C.C.L. Unit, P.O.Koyala Nagar, Dhanbad (Jharkhand) 6.The Commandant, C.I.S.F., B.C.C.L.,Unit Dhanbad-----------------------------respondents ----------- For the petitioner :Mr.Mukesh Kr.Jha For the respondents :Mr.Sarvadeo Singh ---- 2. 13.4.2009 Heard learned counsel for the petitioner and learned counsel for the respondents. The petitioner seeks direction upon the respondent authorities to appoint him on compassionate ground on the death of his father on 17.12.2004 while in service in the Central Industrial Security Force. The case of the respondents in the counter affidavit is that there was no vacancy on the post for which the petitioner was eligible to be appointed and all existing vacancies are of other posts. It is stated that as per the Scheme of the C.I.S.F. only 5% of the vacancies are kept 2 reserved for the purpose of compassionate appointment. It is also the stand in the counter affidavit that under the Office Memorandum dated 5.5.2003 of the Ministry of Personnel, Public Grievances and Pension, DOPT the maximum time limit for consideration for offering compassionate appointment is three years. Although it is stated in the counter affidavit that the case of the petitioner was under consideration but the counter affidavit is itself of March,2007 and, thus, it is submitted by learned Central Government counsel that the case of the petitioner has by now crossed the time limit fixed under the said Office Memorandum and cannot now be considered. On a consideration of the entire facts and circumstances of the case, this Court is of the view that no relief can be granted to the petitioner in terms of the scheme for compassionate appointment prevailing in C.I.S.F. The writ application is, accordingly, dismissed. (Ramesh Kumar Datta,J.) spal/