SYED KHADIM HUSSAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) The appellant's father was working as a peon in the Public Works Department of the Government of Bihar. He died in harness on 12.09.1991 leaving behind the widow and five minor children. After the death of the appellant's father the appellant's mother submitted an application for appointment on compassionate grounds on 2.04.1993. This application was within time but it was rejected for the reason that it was not in the prescribed pro forma. The appellant herein was a child aged about 9 years at the time of the death of his father. He submitted an application on 7.09.1995. This application was rejected by the authorities on 12-10-2001 by holding that the appellant at the time of filing the application was aged only 13 years and 3 months and 23 days old and, therefore, he could not be appointed in government service.

(3.) The appellant challenged the rejection of his application by way of a writ petition. Both the Single Judge as well as the Division Bench rejected the same on the ground that the application was belated and it should have been filed within five years from the date of death of the employee. This was challenged before us by way of this appeal.