SHAID HUSSAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for issuance of a writ in the nature of mandamus commanding the respondents to grant the petitioner appointment on compassionate ground. His further prayer is to quash the order dated 27.11.1997 (Annexure -3) whereby the prayer of the petitioner for grant of appointment on compassionate ground has been rejected.

(2.) SHORT facts giving rise to the present application are that the petitioner 'sfather was a Head Clerk posted at Government Animal Hospital, Danapur and died while in service on 22.8.1988. His date of birth is 2nd of January 1978 and therefore aged about 11 years i.e. minor at the time of his father 'sdeath. It is the stand of the petitioner that while he was minor, he filed application for appointment on compassionate ground in the year 1989 and the Veterinary Surgeon vide its letter dated 2.8.1989 (Annexure -1), forwarded the application of the petitioner to the Director, Animal Husbandry. It seems that the petitioner being minor,.he was not appointed and thereafter, on attaining majority, petitioner again filed application for grant of appointment on compassionate ground on 20th of June, 1995. By the impugned order dated 27.11.1997, same has been rejected on the ground that the application has been filed after eight years of the death of his father.

(3.) ADMITTEDLY , in the year 1989, when the petitioner is alleged to have filed the application for grant of appointment on compassionate ground, he was aged about 11 years i.e. a minor. Minor could not have been given appointment. In fact, in the case of Ghanshyam Ram (supra) on which the learned counsel for the petitioner has placed reliance, instead of supporting its case, entirely goes against him. In the said case in paragraph -6, it has been observed as follows :