IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6384 of 2008 SHYAM KUMAR SAH @ SHYAM KUMAR,S/O LATE RAMESHWAR SAH, PRESENTLY RESIDING AT ASHOK NAGAR, P.S. KANKARBAGH, DISTRICT PATNA. …............PETITIONER. Versus 1.THE STATE OF BIHAR. 2.THE COMMISSIONER, ROAD CONSTRUCTION DEPARTMENT, NATIONAL HIGHWAYS, BISHWASARAIYA BHAWAN, BALEY ROAD, PATNA. 3.THE CHIEF ENGINEER, NATIONAL HIGHWAYS, BISHWASARAIYA BHAWAN, BAILEY ROAD, PATNA. 4.THE SUPERINTENDING ENGINEER, NATIONAL HIGHWAYS, EASTERN DIVISION, BAILEY ROAD, PATNA. 5.THE EXECUTIVE ENGINEER, ROAD CONSTRUCTION DEPARTMENT, NATINAL HIGHWAYS, EASTERN DIVISION, PATNA. …............RESPONDENTS. ----------- 02/ 22.04.2011 Heard counsel for the parties. The petitioner's prayer for issuance of a direction for his appointment on compassionate ground on the basis of death his father, late Ram Lakhan Das in harness is said to be pending on the ground that there are two claimants for such compassionate appointment namely, the petitioner and his step mother smt. Sona Devi. Counsel for the petitioner would submit that whatever be the stand of the respondents, they had to take a final decision and if the step mother has not been appointed, the respondents could have considered the case of appointment of the petitioner. 2 Mr. Prabhat Kumar Verma, A.A.G -5, counsel appearing on behalf of the State on the other hand would submit that the petitioner can only be appointed, if his mother is found to be unfit or she would give consent for appointment of the petitioner. He would further explain that due to pendency of this writ application probably, the respondents have not taken a final decision and in fact the petitioner was also directed to submit the written consent of her step mother. From the perusal of the materials on record including the order of this Court with regard to apportionment of death cum retirement benefit of the deceased employee, i. e. the father of the petitioner, it becomes clear that there has been some sort of dispute amongst the family members. The respondents therefore are also not wholly unjustified in keeping the case of appointment on compassionate ground pending, inasmuch as, two persons have come out with claim for such compassionate appointment and one of them had filed this writ petition before this Court. The action of respondents waiting for a final 3 result of this case on account of the matter being sub-judice cannot be altogether held to be bad. This Court however, must make it clear that the object of compassionate appointment is to provide immediate relief to the family of the deceased employee and therefore, the claim of the petitioner or his step mother, found eligible, for appointment on compassionate ground ought to have been considered and decided expeditiously. It goes without saying that if the step mother of the petitioner is eligible, she will have the first right of being appointed as per the Government policy dated 05.10.1991 inasmuch as first priority is to be given to the wife i.e. the step mother of the petitioner. The step mother was infact the only wife at the time of death of the father of the petitioner and therefore, the respondents should reconsider the whole matter and if the step mother of the petitioner is found unfit only then the case of the petitioner for appointment on compassionate ground has to be considered. It is however, made clear that in the event of the step mother of the petitioner 4 being ineligible for appointment on compassionate ground, there would be no need for her counsel for considering the case of the petitioner, inasmuch as,if the mother is not found eligible the next priority will have to be given to the son, i.e. the petitioner, who is admittedly the eldest son in the two marriages of the husband of the petitioner. Such exercise must be completed by the respondent authorities within a period of six months from the date of receipt/production of a copy of this order. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J.)