IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.8394 of 2008 KUMAR SHOURABH, S/O LATE COMRADE SUNIL KUMAR, R/O VILLAGE CHITRALEKHA NAGAR (BHOJUWA) P.O + P.S GOGRI, DISTRICT KHAGARIA. .............PETITI0NER. Versus 1.THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 2.THE DIRECTOR SECONDARY, PRIMARY ADULT EDUCATION GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 3.TEH DISTRICT SUPERINTENDENT OF EDUCATION, KHAGARIA, DISTRICT KHAGARIA. 4.THE BLOCK EDUCATION EXTENSION OFFICER, DISTRICT KHAGARIA. .............RESPONDENTS. 02 26-04-2011 Heard counsel for the petitioner and counsel for the State. The prayer of the petitioner for a direction to consider his case for appointment on compassionate ground has to be rejected only on the ground that his application claiming such appointment was filed on 26.11.2007, whereas the death of the bread earning employee, the mother of the petitioner had taken place on 29.04.1999. Thus the respondents were/are not obliged to consider the case of the petitioner on account of belated application filed by him after a period of more than eight years of the death of his mother whereas the period prescribed for filing such application for compassionate appointment in the Government policy is only five years. Learned counsel for the petitioner, however, submits that considering the fact that after the appointment of the elder brother of the petitioner on compassionate ground on 24.06.2000 as he also had died on 04.08.2000, this application filed by the petitioner on 26.11.2007 ought to have been not rejected. Such submission can also not be accepted , inasmuch as, there would be no scope of endless compassion for appointing each and every dependent of a Government servant dying in harness. It has to be kept in mind that when the mother of the petitioner had died in 1999 leaving behind the family of three persons for its being supported namely, the elder brother of the petitioner, elder unmarried sister and the petitioner himself, there was a need for such compassionate appointment but in course of time, after the elder brother had got appointed on compassionate ground and died in harness and the sister also got married, it is the petitioner who alone in the dependent of his mother. For one i.e. the petitioner the death cum retirement benefit given after the death of his mother and brother would be sufficient for his livelihood. In this background since the petitioner had not filed his application within the prescribed period of limitation of five years, this Court will have no option but to hold that today after 12 years of the death of the mother of the petitioner, no useful purpose will be served by considering the case of appointment of the petitioner on compassionate ground. Whatever crisis was there in the family stands averted by the passage of time of 12 years. That being so, this Court does not find any merit in the application and the same is accordingly dismissed. Ranjan (Mihir Kumar Jha ,J)