S.J. Mukhopadhaya, J.

1. The writ petition has been preferred by the petitioner against the order, contained in letter No. 2256 dated 15th June, 2000, whereby the Deputy General Manager-cum-Electrical Superintending Engineer, Dhanbad Area Supply Board, Dhanbad communicated the petitioner ground for rejection of his case for appointment on compassionate ground, the petitioner being minor.

2. Both the counsel for the J.S.E.B. and B.S.E.B. were allowed three weeks time to obtain instruction and file counter affidavit. On 4th April, 2002, it was made clear- that the case may be disposed of on the next date even in absence of their affidavits.

In spite of aforesaid order, though more than four weeks have passed, no counter affidavit has been filed either on behalf of the J.S.E.B. and B.S.E.B.

3. In the aforesaid background and as the reason for rejection has also been given in the order dated 15th June, 2000, this Court rejected the prayer for adjournment made on behalf of J.S.E.B. and B.S.E.B.

4. From the impugned letter No. 2256 dated 15lh June, 2000, it will be evident that the father of petitioner. Late Chandeshwar Prasad was a skilled Khalasi posted in the Electric Supply Subdivision, Jainmore, Bokaro. He died in harness on 29th July, 1997. The petitioner applied for compassionate appointment in August, 1998, which was forwarded by the Electrical Executive Engineer of the Electric Supply Subdivision, Jainmore, Bokaro vide letter No. 361, dated 31st August, 1998.

5. The petitioner being not a Matriculate, he was examined through a Medical Board which assessed the age of petitioner between 15-16 years as on 11th April, 2000. In this background, the petitioner being minor, his claim for appointment was rejected, vide letter dated 15th June, 2000.

6. Even if the stand taken by the respondents in the rejection order dated 15th June, 2000 is accepted, as his age was about 15- 16 years as on 11th April, 2000, in that case, in April, 20002, the petitioner is about 18 years. The father of petitioner having died on 29th July, 1991, as per guidelines for compassionate appointment, the petitioner had the right to apply within five years, i.e. by July, 2002. In such case, the application of petitioner being well within time and within five years, the petitioner has now attained the majority in April, 2002, the Court feels that the matter requires reconsideration.

7. Accordingly, the case is remitted to the General Manager-cum-Chief Engineer, Dhanbad Area Electricity Board, Dhanbad, who will place the matter before the appropriate compassionate Committee for consideration of the case of the petitioner for compassionate appointment and communicate the decision within a period of three months from the date of receipt/production of a copy of this order.

8. It may be mentioned that the respondents cannot infect the claim on the ground of delay nor on the ground of minority.

9. The writ petition stands disposed of with the aforesaid observations and directions.