Order The petitioner has challenged the orders contained in Memo No. 966 dated 28th August, 1999 and Memo No. 404 dated 11th March, 2000 (Annexures-1 & 2 respectively) whereby and whereunder the application of petitioner for compassionate appointment has been rejected. 2. According to petitioner, the ground shown in the orders at Annexures-1 & 2 are illegal and the case of petitioner could not have been rejected on such ground. 3. In spite of time granted to the State on 2nd September, 2002, no counter affidavit has been filed till date. The ground having been shown in the order of rejection at Annexure-1, I am not inclined to grant further time to the respondents. 4. Admittedly, the father of petitioner late Bhairab Chandra Bhandari was in the services of the State as Assistant Teacher, Primary School, Gulam Suli, Dumka and died in harness on 3rd September, 1991. The petitioner applied for appointment on compassionate ground in 1993. It was rejected by the respondents on the ground that the petitioner was minor at the time of death of his father and attained majority after some years. 5. It is not in dispute that five years period prescribed for application for compassionate appointment. The father of petitioner having died on 3rd September, 1991, as per guideline, the petitioner was entitled to apply by 3rd September, 1996. The petitioner attained Majority on 10th May, 1996 i.e. much prior to 3rd September, 1996 apart from the fact that the application was filed within time in the year 1993. 6. In the circumstances, the petitioner having filed application within five years and having attained majority within five years of the death of his father, the respondents should not have rejected his claim on the ground that he was a minor at the time of death of his father. 7. For the reasons aforesaid, I set aside the orders communicated vide Memo no. 966 dated 28th August, 1999 and Memo no. 404 dated 11th March, 2000 and remit the case of the Deputy Commissioner, Dumka to take fresh decision regarding appointment of petitioner on compassionate ground within three months from the date of receipt/production of a copy of this order. 8. The writ petition is allowed, with the aforesaid observations.