IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13695 of 2008 THE UNION OF INDIA & ORS Versus SURESH BHAGAT ----------- For the petitioner :Mr. Sanjya Kumar, Advocate For the respondents : None ----------- P R E S E N T Hon’ble the Chief Justice & Hon’ble Mr. Justice Kishore K. Mandal --------- Dated, the 11th September, 2008. The counsel for the petitioner submits that way back in the year 2001, the respondent herein was offered an appointment to GDS post on compassionate ground but the respondent did not avail of the said offer. He, therefore, submits that the direction given by the Tribunal to consider the case of the present respondent for the GDS post was unjustified and unwarranted. 2. It is true that the present respondent was offered appointment to GDS post which, he did not accept in the year 2001 but before the Tribunal, counsel for the present petitioners (respondents therein) expressed no objection, if the consideration of the case of the present respondent was directed by the Tribunal. This is what the Tribunal noticed in the order impugned: - 2 - “The learned counsel for the respondents submitted that a post of GDS was offered which post had been, and are being, filed by the candidates seeking compassionate – appointment, and if this Court directs for consideration of the case of the applicant for such a posting, the respondents may not have any objection ” 3. In view of no objection by the counsel for the present petitioners before the Tribunal, the order cannot be faulted. 4. Writ petition does not deserve to be admitted and is liable to be dismissed. It is, accordingly, dismissed in limine. R.M. Lodha, CJ Kishore K. Mandal, J. Anil/