IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1448 of 2010 IN (CWJC 1872/2010) ==================================================== 1. MRITUNJAY KUMAR S/O LATE BIPIN BIHARI VERMA R/O VILL BELISARAY, P.S.MOTIHARI, DISTT-EAST CHAMPARAN (MOTIHARI) Versus 1. THE STATE OF BIHAR 2. THE CHIEF SECRETARY GOVERNMENT OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE CUM CHAIRMAN, DISTT COMPASSIONATE COMMITTEE EAST CHAMPARAN, MOTIHARI 4. THE ESTABLISHMENT ADDITIONAL COLLECTOR EAST CHAMPARAN, MOTIHARI 5. THE TREASURY OFFICER, DISTRICT TREASURY EAST CHAMPARAN, MOTIHARI ==================================================== Appearance : For the Appellant/s: Mr. RAM CHANDRA SAHNI For the Respondent/s: Mr. (GP1) ==================================================== -------- 02. 07.07.2011 The father of the petitioner was Assistant in the Treasury Office, who died in harness on 14.06.1985. At the relevant point of time the Circular dated 12.07.1977 was in force, in which the limitation period prescribed for filing the writ for recruitment of one family member of the deceased who died in harness was two years. The provision fixing the right of two years apparently appears to be unreasonable as in case if any member of the family is not eligible for the government service on account of age, therefore, the government reconsidered and extended the period for availing the right of compassionate appointment to the dependants of those dying in harness to five years. Since the allegation is in the writ petition as well as representation made by the petitioner, that petitioner was minor and made an application immediately within five year after the 2 death of the father when he completed the eligible qualification for appointment on any post at the government office either in Class-III or Class-IV within five years, the explanation given by the petitioner is perfectly justified. Therefore, delay in filing the application ought to have been condoned by exercising the discretion as power to appoint on the compassionate ground is with the object to provide assistance to the deceased employee’s family. Therefore, the appeal is disposed of with the direction that the State Government shall consider the application of the petitioner for appointment in dying in harness as per the circular. Mkr. ( Prakash Chandra Verma, J. ) (Ahsanuddin Amanullah, J.)