Reasons for dismissal of the writ petition has been stated in the said order, especially at paragraph No.14 that in that case the legal heir of the Government Servant though attained majority has not at all sought compassionate appointment for 13 years and thereafter an application was given after 23 years of the death of the Government servant. There is no reason given by the legal heir of the Government Servant in that case for making such belated application with such huge delay in making such application, in spite of the fact that the legal heir of the deceased Government Servant had very well attained majority and would have been eligible to seek compassionate appointment. Only in that context, the learned Judge rejected that case of the petitioner therein as no reason was given for belated applications. Here, in this case facts are entirely different as admittedly the petitioner's father had died on 14.11.1991. The petitioner born after his death. Therefore, he would have attained majority only on 02.02.2010. Therefore, only thereafter, the petitioner himself was eligible to seek appointment on compassionate ground. Therefore, he has rightly made application on 13.10.2012, i.e. within 3 years from the date of attaining majority. Therefore, in the considered opinion of this Court, the application made is within three years period. Therefore, the same should have been entertained.
