FAIYAZ AHMAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) FOR the reasons stated in I.A. no.2287 of 2009 it is allowed and the limitation is condoned. The writ Court has noticed that father of the writ petitioner died in harness on 6th November, 1989. and at that time the writ petitioner was a minor, aged about six years and ten months. He applied for compassionate appointment after attaining majority. The writ Court has held that the time limit for -such application was two years and the application was rejected on 16th February, 2002. on the ground that it was beyond prescribed time limit.

(3.) LEARNED counsel for the appellant submits that at the relevant time the time limit for such application was five years and not two years. He further submits that the issue that a minor cannot be given extra time to apply after attaining majority was decided later in the year 1992 and father of the writ petitioner had died earlier in 1989.