SURAJ KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Dinu Kumar, learned counsel for the petitioner and Mr. Manu Shanker Mishra, learned counsel appearing for the Bihar Renewable Energy Development Agency (BREDA), Respondent No. 3.

(2.) The prayer of the petitioner in this writ application is for issuance of a direction to respondent no. 3 to consider the case of the petitioner for his compassionate appointment on the ground of death-in-harness of his father late Baijnath Prasad on 2nd June, 2001.

(3.) Mr. Dinu Kumar, learned counsel for the petitioner, has submitted that the father of the petitioner, who was working on the post of Technician, to be explained by Mr. Mishra as Biogas Technician, having served the organization for more than 12 years 9 months had died on 2nd June, 2001 and when an application was filed by his mother for her appointment on compassionate ground the same was not disposed of and subsequently the petitioner had filed an application enclosing the declaration and affidavit of her mother that the appointment of the petitioner may be considered in her place. It is claimed by the petitioner that his such application filed on 23rd July, 2005 well within the prescribed period of limitation of five years as per Government circular had remained pending for 11/2 years and when nothing was done this writ application was filed on 29.1.2007.