IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14359 of 2006 MOSTT.SITA DEVI,MOSTT. SITA DEVI, W/O LATE SURESH RAM @ SUDESH RAM, R/O MOHALLA- NADRAGANJ, P.S.- CIVIL LINES, DISTRICT- GAYA. ……………………PETITIONER. Versus 1.THE STATE OF BIHAR THROUGH THE COMMISSIONER CUM SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, NEW SECRETARIATE PATNA. 2.THE DISTRICT MAGISTRATE, GAYA COLLECTRIATE, GAYA, DISTRICT-GAYA. 3.THE CHIEF EXECUTIVE OFFICER, GAYA MUNICIPAL CORPORATION GAYA. ………………………RESPONDENTS. ----------- 04/ 31.03.2011 Heard counsel for the parties. The prayer of the petitioner in this writ application is for issuance of direction to the competent authority of Gaya Municipal Corporation, (hereinafter referred to as the Corporation) for appointing the petitioner on compassionate ground after the death of her husband, late Suresh Ram @ Sudesh Ram, who died in harness, working as safai worker on 20.10.2001. Counsel for the petitioner has invited attention of this Court to Annexure-2, a copy of the recommendation addressed to Chief Executive Officer of the Corporation dated 18.04.2006, wherein the petitioner having given reference to her earlier application for appointment on compassionate ground in the prescribed proforma as also her reminder dated 2 12.10.2003 had requested for taking early decision of her appointment on compassionate ground. Counsel for Gaya Municipal Corporation has submitted that no such application of the petitioner is traceable and in fact the Corporation has already taken a decision in respect of other persons whose applications were pending in Corporation. This Court therefore, without keeping this matter further pending would direct the petitioner to produce the evidence of filing her application in the prescribed proforma seeking her appointment on compassionate ground as referred to and by her in her representation dated 18.04.2006, in Annexure-2, and in the event, the petitioner would satisfy the Chief Executive Officer of Gaya Municipal Corporation regarding filing of such an application within the prescribed period, the Chief Executive Officer of Gaya Municipal Corporation will do the needful by taking a final decision in accordance with the policy of compassionate appointment and of course strictly in accordance with law. If the petitioner however, is not in a 3 position to produce any evidence of filing of her earlier application, the Chief Executive Officer shall get the inquiry conducted and if it is found that actually such an application was received in the Office of the corporation, he will proceed on the basis of such application for taking final decision, regarding appointment of the petitioner on compassionate ground. Let it be however, made clear that this Court has expressed no final opinion as with regard to the claim of appointment of petitioner on compassionate ground and such decision has to be taken by the Corporation strictly in accordance with law within a period of six months from the date of receipt/production of a copy of this order. With the aforesaid observation and direction this writ application is disposed of. Ranjan (Mihir Kumar Jha, J.)