IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.947 of 2010 In Civil Writ Jurisdiction Case No. 16511 of 2007 ====================================================== 1. Mosmat Jai Mala Devi W/O Late Rajeshwar Mandal R/O Vill.- Gadhi, P.S.- Naya Ram Nagar, Distt.- Munger 2. Nitesh Kumar S/O Late Rajeshwar Mandal R/O Vill.- Gadhi, P.S.- Naya Ram Nagar, Distt.- Munger …. Petitioners .... Appellant/s Versus 1. The State Of Bihar Through The Chief Secretary, Government Of Bihar, Patna 2. The Director General-Cum-Inspector General Of Police, Bihar, Patna 3. The Inspector General (Personnel), Bihar, Patna 4. The Commandant, Bihar Military Police, Patna ….Respondents .... Respondent/s ====================================================== 2 07-12-2011 Heard learned counsel for the appellant and learned counsel for the State. The order under appeal has been passed by the Writ Court after considering the relevant facts which disclosed that the application filed by the appellant no.1 for compassionate appointment was not pursued by her and subsequently an application was filed for appointment of appellant no.2, a minor for appointment on the post of Bal Aarakshi which has been rejected by the authorities on account of a finding that there was no application filed on behalf of appellant no.2 in the year 2001 as claimed and the application which was filed in January 2004 and considered was beyond the permissible period of five years fixed Patna High Court LPA No.947 of 2010 (2) dt.07-12-2011 2 under the policy decision of the State Government. Since the application for compassionate appointment itself was not maintainable being beyond the permissible period, the issue whether appellant no.2 had acquired the required age on the date on which the application was considered and rejected is not at all relevant. The Writ Court has rightly placed reliance upon judgment of the Supreme Court in the case of Umesh Kumar Nagpal v. State of Haryana & others : (1994) 4 SCC 138 for dismissing the writ petition. We find no merit in this appeal. It is accordingly dismissed. sk (Shiva Kirti Singh, J) (Shivaji Pandey, J)