KAMLANAND JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Anil Kumar learned coun sel for the appellant, and Mrs. Nilu Agrawal, learned Government Advocate No. 10 for the respondents.

(2.) THIS Letters Patent Appeal is directed against order dated 2.8.2005 passed by a learned single Judge of this Court in C.W.J.C. No. 7901 of 2003, whereby and whereunder prayer of the writ petitioner for appointment on compassionate ground was rejected.

(3.) IT is submitted by Mr. Anil Kumar, learned counsel for the appellant that the father of the appellant died on 24.8.1993, whereas he applied for his appointment on 27.5.1998 well within a period of five years, as prescribed in 1992 Rules and since the appellant at that time was below 18 years of age, he was not considered but on attaining the age of maturity he could have been considered for appointment on compassionate ground keeping in view that his application was filed within statutory period of five years. It is further submitted that the learned single Judge of this Court committed error of records in holding that the application so filed was after expiry of five years from the date of death of his father. In this background, learned counsel submitted that even if dependent of the deceased Government servant would be under age at the time of his death, he/ she would be entitled to be considered for appointment on compassionate ground after attaining the age of maturity, in case his/her application was filed well within time.