BIJOY NARAIN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner.

(2.) This writ petition was filed on 29.3.1996 seeking a direction for the Petitioner's appointment on compassionate grounds following the death of his father, while in harness, on 14.10.1983. According to the Petitioner, he was a minor at that time and no sooner he attained majority that he filed an application for appointment on compassionate grounds on 12.9.1984. It appears that the office of the D.S.E., Bhabhua was destroyed in an earthquake in 1987 and this led to an inordinate delay in the disposal of his application and finally by order dated 25.3.1996, the Addl. Collector, Kaimur at Bhabhua rejected his application for appointment on compassionate grounds. It is this order which is sought to be challenged in this writ petition.

(3.) It is evident that the Petitioner is seeking a direction from this Court about 15 years after the death of his father. Even though no order was passed on his application, he could have surely come to this Court in time, without waiting for the rejection order, seeking appropriate directions to the authorities to take a final decision on his claim. Even assuming that the Petitioner is in no way responsible for this inordinate delay, there is hardly any element of compassion left in this case inasmuch as the death of the Petitioner's father took place 15 years ago and the Petitioner has now tided over the worst phase following his father's death. Now therefore, he cannot be said to be covered by the scheme of employment on compassionate grounds. No relief can therefore, be granted to the Petitioner in this application and this writ petition is accordingly dismissed.