Aditya Yuvraj Gond v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12305 of 2017 ====================================================== Aditya Yuvraj Gond, S/o Late Shashi Kumar Gond, Resident of Sutanpur, Danapur Cant. P.O. Danapur, P.S. Danapur, Dist - Patna. ... ... Petitioner

Versus

1. The State of Bihar through Commissioner-cum-Principal Secretary of Commercial Taxes, New Secretariat, Vikash Bhawan, Bailey Road, Patna.

2. The Principal Secretary, General Administration Deptt., Old Secretariat, Bihar, Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Anwar Karim, Advocate For the Respondent/s :

Mr. Vikash Kumar -SC-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 02-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is challenging the order dated 18.06.2015, by which the application of the petitioner for compassionate appointment having been rejected on the ground that at the time of death of the father of the petitioner he was complete minor and could not attain the majority within five years thereafter.

The father of the petitioner died in harness on 31.12.2001. In the affidavit, which has been sworn by the petitioner he has given his age 23 years as on 25.07.2017. If it

Patna High Court CWJC No.12305 of 2017 dt.02-08-2018 2/2 goes backward, it comes to the age of the petitioner as 7 years and if it will be added by 5 years, which is the maximum period in which the applicant has to apply for compassionate appointment, he was hardly 12 years of age. If the petitioner would have attained the majority within five years then the matter would have been otherwise, but as he was 7 years of age at the time of death of his father the benefit of compassionate appointment cannot be extended to him.

In such view of the matter, this Court does not find any merit in this writ petition. Accordingly, this writ petition is dismissed.

(Shivaji Pandey, J) pawan/- AFR/NAFR N.A.F.R.

CAV DATE N/A.

Uploading Date 06.08.2018 Transmission Date N/A.