IN THE HIGH COURT OF JUDICATURE AT
PATNA
Civil Writ Jurisdiction Case No.6755 of 2010
1. Chhote Lal S/O Late Kedar Prasad R/O Gewalbigha,
Nalapar, P.O. Sadar, P.S. Civil Lines, Gaya
Versus
1. The State Of Bihar
2. The Principal Secretary, Finance Department, Govt. Of
Bihar, Patna
3. The Deputy Secretary, Finance Department, Govt. Of Bihar,
Patna
4. The District Magistrate, Gaya
5. The Superintendent, Press & Forms, Bihar, Gaya
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For the Petitioner : Mr. S.C. Mitra, Advocate
For the State : Ms. Bandana Singh, AC to SC 25
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4. 19.09.2011 Heard learned Counsel for the petitioner and the State.
The petitioner is aggrieved by the order dated 22.6.2007
rejecting his prayer to be considered for compassionate appointment
on the ground that he had applied beyond the period of time
prescribed in law for the same.
His father is stated to have been deceased on 27.12.1994. He
claims to have applied in the prescribed manner on 20.5.1995. On his
own showing from Annexure 2, his application, he did not fulfill the
educational requirement of being Class VIII pass but was only a Class
VII pass. Moreover, the Court finds that his claim has been rejected on
22.6.2007 but he has filed this writ application nearly three years later
(short by two months) on 9.4.2010.
An application by a person not eligible tantamounts to no
application at all. Therefore the ground mentioned in the impugned
order dated 22.6.2007 is hardly relevant. Whether it be the ineligibility
of the petitioner at the initial stage or the passage of time since the
date of rejection and institution of the application, or his ability to
contest the matter from 1994 after the death of his father, it is more
than apparent that he is not a person destitute, in penury because of
the sudden death of the bread earner, a necessary pre-condition for
compassionate appointment.
The writ application is dismissed.
Snkumar/- (Navin Sinha,J.)