KAMLESHWARI PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Jitendra Kumar Roy, learned counsel appearing for the petitioner and Mr. Vivek Anand Amritesh, learned Assisting Counsel to Standing Counsel No.28 for the State.

(2.) The petitioner prays for issuance of a writ in the nature of certiorari for quashing the letter no.751 dated 13.4.2015, whereby the District Compassionate Appointment Committee, Begusarai chaired by the District Magistrate, Begusarai has rejected the claim of the petitioner for compassionate appointment on grounds that his claim was time barred inasmuch as while the death of the father of the petitioner took place on 28.1.2008, the recommendation made in his favour on 20.6.2014 was after more than five years stipulated under the guidelines. A copy of the decision of the District Compassionate Appointment Committee has been placed on record vide Annexure-C to the counter affidavit filed on behalf of the respondent no.5 and its communication is made vide letter dated 13.4.2015 impugned at Annexure-1 to the writ petition.

(3.) The case in hand is an addition to State generated litigation. Even when there is no dispute nor claim of the petitioner is barred by disqualification, the State proceeds to disqualify him on limitation when the fault lies entirely with the State. The guideline contained in the letter of the Personnel and Administrative Reforms Department has been placed on record vide Annexure 'A' to the counter affidavit of respondent nos.2 to 5 and clause 6 thereof prescribes 5 years period within which an applicant for compassionate appointment should file his application.