CHANDESHWAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, direction or order quashing and setting aside the impugned order dated 03.12.2007 passed by the Commissioner, Commercial Taxes, Bihar at Patna, by which the application of the petitioner for appointment on compassionate ground had been rejected.

(2.) At this stage, it is required to be noted that having noticed that there are two contrary judgments of the Patna High Court, one in the case of Anil Kr. Singh and Ors. Vs. The State of Bihar reported in, 1993 1 PLJR 414 and another in the case of Kamlanand Jha Vs. The State of Bihar and Ors. reported in, 2007 1 PLJR 672, the learned Single Judge has referred the matter to the Chief Justice for considering the desirability of referring the case to an appropriate Division Bench. That thereafter, as per the order passed by the Chief Justice, the matter is referred to the Division Bench and that is how, the matter is before the Division Bench.

(3.) At the outset, it is required to be noted that the short question, which is posed for consideration of this Court, is whether even in the case where a dependent would be minor at the time of death of the deceased-employee and has not become major within the period of limitation (period of limitation for making an application for appointment on compassionate ground as per the policy), he will be entitled to get appointment on compassionate ground subsequently when he becomes major?