DEV PRAKASH ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State.

(2.) PETITIONER no. 1 is the son of Petitioner No. 2. The mother of petitioner no. 1 was in government service and died as such on 25.5.1979. It appears that initially petitioner no. 2 who is the husband of the deceased employee claimed for compassionate appointment but did not approach this court or any other court when he was not given such appointment for a long number of years. It further appears that an application dated 28.9.2000 (Annexure -2) was filed by petitioner no. 1 claiming that he had filed an application for appointment on compassionate ground on 30th June 1987 and again on 25.5.1998 and 10.7.1999. When no compassionate appointment was given to petitioner no. 1, this writ was filed on 5.12.2000. At present petitioner no. 1 has claimed that he should be given compassionate appointment because of death of her mother in harness on 25.5.1979.

(3.) THE circular of 1977 prescribed two years period of limitation and by the circular of 1989, taking notice of the 1977 circular the limitation period for filing application for appointment on compassionate basis was extended to 5 years. These circulars are mentioned in the aforesaid judgment of the Division Bench.