IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1542 of 2007 SHATRUGHAN KUMAR, S/O LATE SHYAM LAL PASWAN, R/O SOUTH BELI ROAD, MAHABIR STHAN, P.W.D.CAMPUS, P.S.-SHASTRI NAGAR, DISTRICT- PATNA. ………………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF ENGINEER, BUILDING & PUBLIC CONSTRUCTION DEPARTMENT, PATNA. 2. THE MAGISTRATE-CUM-CHAIRMAN, DISTRICT COMPASSIONATE COMMITTEE, PATNA. 3. THE SUPERINTENDING ENGINEER, SOUTH BIHAR CIRCLE, BUILDING CONSTRUCTION DEPARTMENT, PATNA. 4. THE EXECUTIVE ENGINEER, CENTRAL DIVISION, PATNA, PATLIPUTRA BUILDING DIVISION, PATNA. …………………RESPONDENTS. ----------- 2 23.07.2010 From Annexure-D to the counter affidavit, it appears that the petitioner’s case for his compassionate appointment in place of his mother was rejected by the District Compassionate Committee in its meeting dated 31.08.2007 precisely on the ground that mother of the petitioner was an employee under work charge establishment and till her death she was not taken into regular establishment. Fact remains that the petitioner’s mother was appointed in work charge establishment vide Annexure-1 dated 22.04.1980. Since then, she continued with the respondents for 20 long years and died on 26.08.2000. If within these 20 years 2 establishment was not closed and her services were not dispensed with, it can be presumed that the establishment was a permanent establishment and for all practicable purposes mother of the petitioner was treated as a regular employee. If the respondents did not take any action in respect of the establishment or in respect of the mother of the petitioner for 20 years long, the petitioner cannot suffer for that. Therefore, the said proceeding of the Compassionate Committee, so far as it relates to the petitioner, is quashed. The Compassionate Committee is directed to consider the case of the petitioner afresh for his compassionate appointment treating the mother of the petitioner as to have died while working in a regular establishment. The consideration must be made by the Compassionate Committee in its next meeting to be held after receipt/production of a copy of this order. Arvind/ ( J. N. Singh, J.)