IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3859 of 2009 Lalmati Devi . Versus The State Of Bihar & Ors . ----------- 2. 18.07.2011 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner is stated to have been deceased during pendency of the writ application. She had sought compassionate appointment for herself on 19.3.2005 in pursuance of death of her husband on 11.4.2003. The respondents have rejected it on the ground that she did not fulfill the minimum requirement of having passed Class VIII. Learned Counsel for the petitioner submits that the matter may be adjourned for filing an application for substitution by legal heirs who may who may be desirous to pursue the claim for compassionate appointment. It is not in dispute that the time limit prescribed in the guidelines to apply for compassionate appointment is five years. That has now expired in the year 2008. The cause of action in the writ application was based on an application made within time. The writ application was filed on 27.3.2009. Till that date there was no case for another to seek compassionate appointment. The time period to apply for compassionate appointment has now passed and this Court shall not permit a situation where a belated claim for compassionate appointment is made beyond five years from the date of death under its order. There can be no continuity in the claim but only a fresh application which is impermissible in the law. The claim for compassionate appointment is an exception to the normal mode of appointment through competitive merits. In the facts of the case the Court is not persuaded that any useful purpose will be served by adjourning this case for the purposes of substitution. The writ application stands disposed as infructuous. Snkumar/- (Navin Sinha,J.)