S.J.MUKHOPADHAYA, J. - (1.) THIS writ petition has been preferred by the petitioner against the order dated 12th September, 2002 passed by 5th respondent, Personnel Manager, Hendgir Colliery, Hazaribagh, whereby and where under, application of petitioner for compassionate appointment has been rejected on the ground that it was preferred beyond limitation period.
(2.) COUNSEL for the petitioner relied on a decision of this Court rendered in the case of Rinku Kumari @ Riko Kumari v. C.C.L. and Ors. W.P. (S) No. 4266 of 2002; see . whereby and where under, a Bench of this Court by its Judgment dated 10th December, 2002, having noticed that the application was preferred within one year, held that the same could not have been rejected on the ground of delay. It was submitted that the petitioner having applied on 16th October, 2000 i.e. well within one year, the application cannot be rejected on the ground of delay. It is not in dispute that the father of the petitioner, late Jethu Manjhi, who was in the services of the respondents, died in harness on 5th November, 1999. On the date of his death, six months from the date of death was the limitation period prescribed for appointment on compassionate ground by Circular dated 12th December, 1995. The said period was extended to one year by Circular dated 1st January, 2002. In the aforesaid background, the application of the petitioner having been preferred beyond six months limitation period; one year period of limitation having been prescribed much thereafter by Circular dated 1st January, 2002, the petitioner cannot claim for appointment on compassionate ground.
(3.) NOW , it is a settled law that the period of limitation if prescribed by the competent authority, the High Court under writ jurisdiction cannot extend the same.;