Judgment 1. Heard learned counsel for the petitioner and learned counsel appearing for the State. 2. The petitioner is aggrieved by the order dated 4.1.1999 by which his claim for appointment on compassionate ground has been rejected being barred by time. 3. The father of the petitioner died on 23.9.1988. The petitioner was a minor. His date of birth is 18.4.1972. He applied for appointment on compassionate ground, on his attaining majority as is evident from Annexure-1 dated 30.3.1991 forwarding his application. 4. The submission on behalf of the petitioner is that at the time of the death of his father, the relevant law applicable regulating appointment on compassionate ground required an application to be made within a period of two years, which was subsequently amended by Government circular dated 25.5.1989 by which the time period was extended to five years. The fact that the petitioner did not apply within two years of the date of death was inconsequential so long the application was within five years of the date of death in terms of the aforesaid modified circular. He relies upon a Division Bench decision of this Court in the case of Pinki Kumari vs. The State of Bihar & Ors., reported in 1997(1) PLJR 617 . 5. The counter affidavit on behalf of the respondents contends that it was the District Compassionate Appointment Committee which rejected his claim. 6. In the case of Pinki Kumari (supra) relied upon by the petitioner, a Division Bench of this Court was considering a like situation where the application was not made within two years of the date of death as required under the Rules as existing on the date of death, nonetheless it was made within five years from the date of death under the same circular on which the petitioner presently relies. The Division Bench held that the circular dated 25.5.1989 was not restricted in its application to the case of death occurring . only after issuance of the circular, but will take within its fold of such cases which fall within a period of five years from the date of death of the employee concerned. 7. In view of the decision of the Division Bench as aforesaid, this application is allowed. The impugned order of rejection dated 4.1.1999 in so far as it rejects the application as being time barred is, accordingly, set aside. 7. In view of the decision of the Division Bench as aforesaid, this application is allowed. The impugned order of rejection dated 4.1.1999 in so far as it rejects the application as being time barred is, accordingly, set aside. The matter is remanded to the respondents to take fresh decision on the application of the petitioner for appointment on compassionate ground within a period of 12 weeks from the date of receipt/production of a copy of this order.