IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11431 of 2006 LAKHINDRA SAH Versus THE STATE OF BIHAR & ORS With CWJC No.11578 of 2006 RAMESH PANDIT Versus THE STATE OF BIHAR & ORS ----------- 2 08.08.2008 Heard Learned counsel for the petitioners and the state. The petitioner of C.W.J.C. No. 11431 of 2006 was appointed on compassionate ground on 15.6.1990 and the petitioner of C.W.J.C. No. 11578/2006 was appointed on compassionate ground on 27.7.1988. The father of the petitioner of C.W.J.C. No. 11431 of 2006 died in harness on 12.6.1989 and the father of petitioner of C.W.J.C. No. 11578/2006 died in harness on 30.7.1987 in the Public Health Engineering Division, Muzaffarpur. In pursuance of a general direction for termination of illegal appointments, the services of the petitioners were terminated in November, 2002. The matter having been reexamined by the authority themselves. Petitioners were then reinstated on 30.11.2005. The petitioners, now, make a claim for continuity of service and arrears of wages of the period that he was wrongly kept out of duty. Compassionate ground has its own urgency and necessity. Satisfied with the same, the appointment were given to the petitioners. It is apparent from the action of the - 2 - respondent themselves that it was illegally taken away. There is substance in the submission of the petitioners. The Court holds that the petitioners are entitled to continuity of service with all consequential benefits w.e.f. 15.6.1990 as also the arrears of salary for the period that they were wrongly kept out of the work. Let the aforesaid be done and the benefits be made available to the petitioner within a period of four months from the date of receipt/production of a copy of this order. The writ application stands disposed of. pkj (Navin Sinha, J)