S.J. Mukhopadhaya, J. - (1.) THIS application has been preferred by petitioner against the order dated 25th July, 2002 passed by the Deputy Commissioner, Gumla, whereby and whereunder, the application of petitioner for compassionate appointment has been rejected on the ground that the petitioner is overage.
(2.) THE case of petitioner is that his father late Md. Hadish, who was in the services of the State, died in harness on 20th August, 1,996, leaving behind two wives, two sons and two daughters. The petitioner applied for compassionate appointment in the prescribed form on 7th November, 1996. When it was not considered, the petitioner had to move before the Ranchi Bench of Patna High Court in CWJC No. 2590 of 1999{R) which was remitted to the respondents on 6th April, 2001 for consideration of his case. The respondent -Deputy Commissioner, Gumla thereafter rejected his claim for compassionate appointment, relying upon circular No. 1600 dated 4th February, 1991. Counsel for the petitioner relied on circular No. 1600 dated 4th February, 1991 wherein, the maximum age limit of 35 years has been prescribed for direct recruitment in the matter of compassionate appointment, the Government of Bihar from its Personnel and Administrative Reforms Department issued a separate circular vide letter No. 3/C -2 -60/17/97 -Ka. 8093, dated 25th July, 1998 whereby all the Divisional Commissioner and the head of departments were asked to consider the case of dependent of deceased employee for relaxation of upper age limit for appointment on compassionate ground against Class III and Class IV post.
(3.) IT was submitted that the age of petitioner being 36 years 10 months 11 days, as on the date of filing of application, the respondents should have considered the case of petitioner for appointment on compassionate ground, relaxing his age.;