Amareshwar Sahay, J.

Heard the parties.

1. In view of the nature of dispute and claim made in this writ petition, it is being disposed of at this stage itself with the consent of the parties.

2. In this writ petition, the petitioner has prayed for quashing of the letter dated 12/06/2007 (Annexure-6) by which the Director, Karamchari Rajya Bima Yojna, Jharkhand has informed the Incharge, Insurance Medical Officer, Jharkhahd Karamchari Rajya Bima Chikitsalaya, Chatti, Dhanbad that the claim of the petitioner for appointment on compassionate ground has been rejected on the ground that the application for such appointment was made after a period of six years from the date of death of the concerned employee and, therefore, the same was time barred.

3. The fact in short are that the mother of the petitioner Late Rahat Jahan was employed as Auxiliary Nurse Midwifery (A.N.M.) in Jharkhand Karamchari Rajya Bima Chikitsalaya and she died in harness on 23/12/1997 leaving behind her unemployed husband, a minor son and minor daughter. The minor son of the deceased namely Imran Ansari, after attaining majority, applied on 31/10/2002 for appointment of compassionate ground within a period of five years from the date of death of his mother, i.e. within the period prescribed for making application of appointment on compassionate grounds. Unfortunately, before the decisions for his appointment on compassionate grounds could be taken by the authorities, Imran Ansari himself died on 05/04/2004. At that time, the petitioner, who is the daughter, of Late Rahat Jahan and younger sister of Imran Ansari, was a minor and, therefore, after she attained the age of majority on 19/08/2004. She applied for appointment on compassionate grounds on 11/09/2004, i.e. just after one month of her attainment of majority. The case of the petitioner was considered by the Compassionate Appointment Committee, headed by the Deputy Commissioner, Dhanbad. The minutes of the proceeding of the Compassionate Appointment Committee dated 13/05/2005 has been annexed as Annexure-5 to the writ petition, from which, it appears that the case of the petitioner was considered by the Committee and, thereafter, her case was duly, recommended for appointment on compassionate ground. But as it appears that in spite of the recommendations made by the Compassionate Appointment Committee, the claim of the petitioner for appointment on compassionate grounds has been rejected on the ground that the application for such appointment was time barred.

4. In the counter affidavit, filed by the State, the only point which has been raised therein that the application for appointment on compassionate ground was made by the petitioner after more than six years from the date of death of her mother though the period prescribed is only five years from the date of death of the employee therefore, the same was time barred according to Government circulars.

5. From the facts noted above, it is clear that there is no dispute that the mother of the petitioner died on 23/12/1997 and within a period of five years of her death, her son namely Imran Ansari applied for appointment on compassionate grounds and when the matter was under consideration unfortunately, the son himself died on 05/04/2004. At the time of his death; this petitioner was minor and, therefore, she after attaining the age of majority on 09/08/2004 applied for appointment on compassionate grounds on 11/05/2004, i.e. just after one month from the date of attainment of her majority.

6. The question to be decided in this case is as to whether the respondents were justified in rejecting the claim of the petitioner for appointment on compassionate ground on the ground of delay, i.e. on the ground that such application for appointment on compassionate ground was made after five years, the period of limitation prescribed for filing such application.

7. It is a settled law that appointment on compassionate ground cannot be claimed as a matter