ORDER

The petitioner was 10 years old when his mother died, while she was working as a Excise Constable. The petitioner made an application on 2.6.1988, soon after the death of his mother, seeking compassionate appointment. That was rejected on 10.12.1996, as time-barred. A fresh application was filed on 26.12.96 and that was also rejected on 21.4.1997 for the same reason. Against the said order, the petitioner moved the High Court. The learned Single Judge of the High Court dismissed the writ petition on 24.8.99 and the said judgment was affirmed by the Division Bench on 10.3.2000. Against that order that this SLP has been preferred.

2. Learned Senior counsel appearing on behalf of the petitioner has placed reliance on the decision of a learned Single Judge of the Patna High Court in Chandra Bhushan v. State of Bihar1. Learned Senior counsel points out that it was held in that case that an applicant s right cannot be defeated on the ground of delay caused by authorities which was beyond the control of the applicant. Learned Senior counsel further points out that instead of following the above judgment, the same learned Judge has now held on 21.4.1997 that the application is time-bar