- (1.) This application has been filed by the Petitioner for the following reliefs; a) Rule Nisi for issuance of an appropriate writ or in the nature of a writ of certiorari for quashing of the decision dated 5.7.05 taken by the District Compassionate Appointment Committee, Sahibnganj for purposes of grant of compassionate appointment whereby at Sl. No. 16 the claim of the Petitioner's name Christopher Hasdak for grant of appointment on compassionate ground on account of death of late Muktar Hasdak on 9.8.92 while he was employed as clerk in S.S. High School, Boria was rejected; b) Rule Nisi for issuance of an appropriate writ or in the nature of a writ of certiorari for quashing of the decision taken by the District Compassionate Appointment Committee meeting Sahibganj held on 16.10.06 under the Chairmanship of Deputy Commissioner, Sahibganj whereby at Sl. No. 7, the claim of the Petitioner,s son namely Christopher Hasdak for grant of appointment on compassionate ground on account of death of late Muktar Hasdak on 9.8.92 while he was employed as Clerk in S.S. High School, Borio, Sahibganj has been rejected on the ground that the District Compassionate Appointment Committee has already declared his claim as time barred on 5.7.2005; c) Rule Nisi for issuance of an appropriate writ or in the nature of a writ of Mandamus directing and commanding upon the concerned Respondents to grant employment to the Petitioner's son namely Christopher Hasdak on compassionate ground on account of death of late Muktar Hasdak on 9.8.92 while he was employed as clerk in S.S,. High School, Borio as Petitioner's son is the only surviving son of late Muktar Hasdak and he is lawfully and legally entitled to get employment on compassionate ground due to the reasons mentioned above.
(2.) The Petitioner's husband was in a clerical job in the Government School, Borio and he died in harness on 9.8.1992. There was a dispute regarding the post retiral benefit amongst the family members of the Petitioner. It is alleged that in the year 1992, the son of the Petitioner was aged about 11 at the time of the death of the deceased. The Petitioner filed an application on 17.11.2003 for seeking employment of her son. Thereafter, the said application was considered by the Respondent authorities and the same was rejected on the ground that the same is time barred.
(3.) The Respondent authorities have filed a counter affidavit stating therein that the rule provides that the application must be submitted within a period of five years but the said application was time barred, hence the application was rejected by the District Compassionate Appointment Committee, Sahibganj.;