LAWS(PAT)-2007-7-157

RAM CHANDRA MARRICK Vs. STATE OF BIHAR

Decided On July 30, 2007
Ram Chandra Marrick Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

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

(2.) THE petitioner is aggrieved by the order dated 4.1.1999 by which his claim for appointment on compassionate ground has been rejected being barred by time. The father of the petitioner died on 23.9.1988. The petitioner was a minor. His date of birth is 18.4.1972. He applied for appointment on compassionate ground, on his attaining majority as is evident from Annexure -1 dated 30.3.1991 forwarding his application.

(3.) THE submission on behalf of the petitioner is that at the time of the death of his father, the relevant law applicable regulating appointment on compassionate ground required an application to be made within a period of two years, which was subsequently amended by Government circular dated 25.5.1989 by which the time period was extended to five years. The fact that the petitioner did not apply within two years of the date of death was inconsequential so long the application was within five years of the date of death in terms of the aforesaid modified circular. He relies upon a Division Bench decision of this Court in the case of Pinki Kumari vs. The State of Bihar & Ors., reported in 1997(1) PLJR 617.