WA 393/2009 BEFORE HON’BLE THE CHIEF JUSTICE MR. A. K. GOEL THE HON’BLE MR. JUSTICE A. C. UPADHYAY Goel, CJ. This appeal has been preferred against order of learned Single Judge declining p rayer of the appellant for giving compassionate appointment. Late Krishna Bahadur Sunar was employed in the Irrigation Department under the E xecutive Engineer, South N.C. Hills Division, as Sectional Assistant. He died in harness on 2.7.2004 and was survived by his widow and two minor sons. The widow sought compassionate appointment which was declined on 18.04.2007. She filed WP (C) No.3995/2009 which was disposed of on 17.9.2009 with a direction to consider her case in accordance with law. This led to passing of order dated 12.10.2009 reiterating order dated 18.4.2007. Aggrieved thereby, the appellant filed the wr it petition leading to the impugned order. Learned Single Judge held that the decision taken in declining the compassionate appointment did not call for any interference. We have heard learned counsel for the parties. It is not the case of the appellant that soon after the death of Late Krishna Ba hadur Sonar any vacancy became available. Even, according to the judgment of thi s Court in Achyut Ranjan Das and others vs. State of Assam and others [2006(4) G LT 674], relied upon on behalf of the appellant, vacancies becoming available af ter two years could not be considered for compassionate appointment. The appella nt approached this Court for the first time five years after the death. It has n ot been shown that any vacancy was available within two years to which the petit ioner could be considered for compassionate appointment. In the circumstances, we are in agreement with the view taken by the learned Sin gle Judge. No interference is, thus, called for. The appeal is dismissed.