Shree Chandrashekhar, J. - (1.) Assailing legality of order dated 19.07.2010 by which claim for compassionate appointment to the petitioner has been declined, this writ petition has been filed.
(2.) Petitioner'S mother namely, Gangia Devi was employed as General Mazdoor, Cat.-I at Saunda 'D' colliery. Her date of death is 19.01.1998. In the service record of his mother three persons namely, Ajay Kumar- the petitioner, Sunil Kumar and Anil Kumar all have been made nominees by the deceased employee, however, for the purpose of employment the petitioner's name has been mentioned. Petitioner's date of birth is 06.11.1980. On 22.03.1991 when service-book of Smt. Gangia Devi was opened, the petitioner has been shown aged about five years. On death of the petitioner's mother, his grand-father made an application on 30.12.1999 for appointment of the petitioner on compassionate ground.
(3.) The respondents have pleaded that under the extant circular an application for compassionate appointment can be made only within eighteen months of the death of the employee. The petitioner has produced a Matriculation certificate issued on 13.05.2002 in which his date of birth is recorded as 01.01.1984. On the date of death of his mother, the petitioner was below 15 years which is the age for keeping a male dependant on live-roster. Besides the above, it needs to be indicated that six years after the death of his mother, the petitioner first approached this Court in W.P.(S) No.3073 of 2004 and by now about twenty years have gone since his mother died in harness.;