PATNA, India, July 23 -- Patna High Court issued the following judgment on July 11:

Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for the following relief/s:-

"I. For quashing of the order dated 16.07.2016 contained in Memo No.313 (annexed as Annexure-15) issued under the signature of District Magistrate, Aurangabad whereby the claim of the petitioner for appointment on the basis of compassionate ground to the post of Grade III or IV in the Health Department has been rejected on the ground that the mother of the petitioner had died in the year 1989 i.e. 25 years ago as to when the petitioner filed a form of compassionate appointment in the year 2016 as contained in Annexure15 to this writ petition.

II. For commanding the respondents to appoint the petitioner on the basis of compassionate ground to the post of Grade III or IV in Health Department.

III. For any other relief or reliefs for which the petitioner is entitled under law as well as on facts of this writ application."

3. Learned counsel for the petitioner submits that the mother of the petitioner died on 14.08.1989 at Tara Hospital, Patna leaving behind his son namely, Anand Kumar (present petitioner) aged about two years and her daughter namely, Smriti Kumari aged about six days. Counsel submits that the petitioner was born on 26.08.1987 and at the time of death, petitioner's mother was working on the post of ANM at Bandhawan Health Centre, Hasapura Block, DistrictAurangabad. Counsel submits that at the time of death of petitioner's mother, age of petitioner was two years, but after completion of his age of majority, he applied the form of compassionate appointment on the post of Grade III or IV in Health Department in the year 2016. Counsel submits that the life of petitioner's childhood was spent in too much of poverty, scarcity and needful and he was completely dependable upon his maternal uncle. His father was a totally irresponsible person because he was addicted to wine and ganja etc. Counsel further submits that in the year 1989 by virtue of Case No.16 of 1990, an application was granted in favour of the maternal uncle of the petitioner by which he was appointed as Guardian of the minors for the person and property under the Guardians & Wards Act, 1890. Counsel submits that as per the hospital records, the date of birth of the petitioner was 26.08.1987. Counsel submits that after repeated efforts by the petitioner, a reasoned order has been passed in which claim of the petitioner for compassionate appointment has been rejected vide order dated 16.07.2016 contained in Memo No.313 (annexed as Annexure-15) issued under the signature of District Magistrate, Aurangabad. Thereafter, petitioner has moved before this Hon'ble Court and filed the present writ petition.

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