S.J.MUKHOPADHAYA, J. - (1.) THIS application has been preferred by the petitioner against the order dated 10th June, 2002, whereby and whereunder, the respondents rejected the petitioner 'sclaim for compassionate appointment. Further prayer has been made to direct the respondents to reconsider his case for appointment on compassionate ground and to pay the balance amount of Group Saving Scheme.
(2.) THE brief fact of the case is that the father of the petitioner Late Tulsi Ganju who was in the services of the Bihar State Electricity Board (for short B.S.E.B.) in its Patratu Thermal Power Station, Patratu, district Hazaribagh (for short P.T.P.S.) now under the control of the Jharkhand State Electricity Board (J.S.E.B. for short), died in harness of 12th May, 1989, The petitioner was about five years old at that time (See Annexure 1). The mother of petitioner, Kabilasha Devi, who was a Class IV employee in P.T.P.S. also died in harness on 6th September, 1991. Much after such death, the B.S.E.B. came out with a Scheme for compassionate appointment, vide Permanent Order No. 756/18/DEM - 3014/93, Patna dated 18th February, 1994, wherein five year 'slimitation period was prescribed for a dependent of a deceased workman to apply for compassionate appointment. According to the petitioner, he applied for compassionate appointment on 26th March, 1995 (vide Annexure 4) followed by representation dated 1st March, 2002. The Deputy Director, Personal of P.T.P.S, rejected the claim on the ground of delay/barred by limitation, vide impugned letter No. 2641 dated 10th June, 2002.
(3.) THE counsel for the petitioner relied on second part of Clause (CHHA) of Scheme dated 18th February, 1994. It was submitted that though five years limitation period was prescribed, but in respect to minors, it was specifically mentioned that their cases will be considered, as and when they will attain majority, if application is preferred in time.;