IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10765 of 2010 1. Ajit Kumar S/O Swaminath Prasad R/O Vill.- Sirsa, P.S. Baikunthpur, Distt.- Gopalganj Versus 1. The State Of Bihar, Through The Chief Secretary, Govt. Of Bihar, Patna 2. The District Magistrate-Cum-Chairman, District Compassionate Committee, Gopalganj 3. The Deputy Collector (Establishment) Gopalganj 4. The Block Development Officer, Sidhwalia, Gopalganj ---------------------------------- 3. 09.11.2011 Heard learned Counsel for the petitioner and the State. Despite passage of over one year three months from filing of the writ petition no counter affidavit has been filed till date. No useful purpose shall be served by keeping the matter pending, as it can be disposed off with directions and observations in context of the documents of the respondents placed on record in the writ petition. The petitioner is the son of deceased Swaminath Prasad who died in harness on 26.2.2008. His claim to be considered for compassionate appointment has been rejected by the committee on 21.12.2009 specifying the ground that his brother was a Panchayat Shikshak and therefore he was not entitled to be considered for compassionate appointment. Counsel for the petitioner has relied upon a Government Order dated 17.10.2008 at Annexure 5 to the writ application and submits that according to the respondents themselves Panchayat Shikshaks do not hold posts under the Government. He submits that if his brother is not in government service, denial of appointment on that ground is not sustainable in law. Primafacie the petitioner may have justification in his claim if he fulfils other requirements. In absence of a counter affidavit no final adjudication is possible. A claims for compassionate appointment has its own urgency. This application is disposed with a direction to the District Magistrate cum Chairman District Compassionate Appointment Committee, Gopalganj to consider the claim of the petitioner for compassionate appointment in light of the present discussion within a maximum period of three months from the date of receipt and/or presentation of a copy of this order and dispose it off by a reasoned and speaking order. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)