IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11106 of 2011 Bindu Paswan SON OF LATE JADUNANDAN PASWAN RESIDENT OF VILLAGE KAMDEO BIGHA, P.S. JEHANABAD, JEHANABAD. Versus 1. The State Of Bihar THROUGH THE D.M.-CUM- COLLECTOR, JEHANABAD. 2. THE SUPERINTENDENT OF POLICE, JEHANABAD. 3. THE CIRCLE OFFICER, JEHANABAD BLOCK, JEHANABAD. 4. THE OFFICER INCHARGE, TOWN POLICE STATION, JEHANABAD. ---------------------------------- 2 16/09/2011 Father of the petitioner Jadunandan Paswan was supposed to be a Chowkidar working in the district of Jehanabad. He died in harness on 31.12.1979 while performing his duty of night beat.Present writ application has been filed by the son of late Jadunandan Paswan seeking a direction upon the respondents to appoint him on the post of Chowkidar on compassionate ground. From perusal of annexure-1, it is evident that the death occurred on 31.12.1979. One of the reasons given for filing application in the year 2011 is that earlier applications and requests filed before the authorities as far back as on 24.05.1999, which is the date given in annexure-1, failed to beget any response from the respondents. It is also indicated that since the petitioner - 2 - was a minor at the time of death of his father, he could not take any step to assert his right and the mother was only given a false promise but nothing was done. Two things are evident from perusal of the submissions as well as annexure-1. Father of the petitioner died 32 years ago. Last of the request was made before the authority in the year 1999. This writ application has been filed in 2011. All these indicate that there has been abject failure on the part of the petitioner to assert his right at the relevant time. This writ application, per se, suffers from laches and delay on every count including the fact that claim for appointment on compassionate ground has to be made within five years of the death of the bread earner of the family. The fact that 32 years have gone past since the father of the petitioner died and the family has survived in the last 32 years by whatever means also has a circumstance to be taken into consideration. Occasion for giving any direction for consideration of the claim of the petitioner, therefore, does not arise as neither the policy for compassionate appointment nor the time frame when the cause of action - 3 - arose permits this Court to reach out to the petitioner. This writ application is dismissed. AMIN/ (Ajay Kumar Tripathi, J.)