1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.725 OF 2009 (Purushottam s/o Bhojraj Maraskolhe vs. Zilla Parishad and another) ___________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND A.P. BHANGALE, JJ. DATED : FEBRUARY 17, 2009 Heard Shri Mishra, learned Counsel for the petitioner. Shri Mishra, learned Counsel for the petitioner, states that in the instant petition, the grievance of the petitioner is in respect of non- consideration of his claim for grant of appointment on compassionate ground. It is contended that as per Rule 5-A of the Government Resolution dated 11.9.1996, for the person seeking appointment on compassionate ground, the limitation prescribed is five years from the date of death or untimely retirement of the Government servant. Since the petitioner failed to apply within five years from the date of death of his father, the claim of the petitioner was not considered. It is submitted that at the 2 relevant time, petitioner was minor and attained the age of 18 years in the year 1992 and submitted application for appointment on compassionate ground within one year after attaining the age of 18 years and, therefore, in view of Government Resolution dated 11.9.1996, the claim of the petitioner ought to have been considered. We have considered the contentions of the learned Counsel for the petitioner and perused the relevant Government Resolution. It is no doubt true that as per Government Resolution dated 11.9.1996, the candidate is entitled to submit application for compassionate appointment within one year from attaining the age of 18 years. However, the said Rule came into force with effect from 1.3.1996 whereas case of the petitioner is governed by the Rules, which were in existence prior to 1996 and, therefore, petitioner cannot take any benefit of Government Resolution of 1996. No case is made out for showing indulgence. The petition is dismissed. JUDGE JUDGE khj 3