IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8363 of 2007 AMARNATH PATHAK, S/O LATE ASHOK KUMAR PATHAK, OF VILLAGE VISHUNDATT KANHOLI, P.O- R.K. ASHRAM, BELA, DISTRICT MUZAFFARPUR. ……………………PETITIONER. Versus 1.THE STATE OF BIHAR THROUGH THE SECRETARY, INDUSTRIES DEPARTMENT, BIHAR, PATNA. 2. THE MANAGING DIRECTOR, BIHAR INDUSTRIAL AREA DEVELOPMENT, AUTHORITY, PATNA. 3.THE SECRETARY, BIHAR INDUSTRIAL AREA DEVELOPMENT, AUTHORITY, PATNA. 4.THE EXECUTIVE DIRECTOR, BIHAR INDUSTRIAL AREA DEVELOPMENT, AUTHORITY, REGIONAL OFFICE, BELA, MUZAFFARPUR(A GOVT. OF BIHAR UNDERTKAING). ………………………RESPONDENTS. ----------- 05/ 13.07.2011 Having heard Mr. Lalit Kishore, learned senior counsel for Bihar Industrial Area Development Authority (B.I.A.D.A) and also after perusal of the second supplementary counter affidavit on behalf of respondent nos. 2 to 4, this Court in the backdrop of its earlier order dated 5.4.2011, reading as follows:- "Counsel for the Bihar Industrial Area Development Authority having failed to explain the reason of rejection for appointment of the petitioner on compassionate ground would seek leave of this Court to produce the original documents, relating to appointment of the father of the petitioner in Bihar Industrial Area Development Authority in the year 1980. It is made clear that the restriction in considering the appointment on compassionate ground as per the Government policy dated 05.10.1991, is only with regard to the "Swikrit Pad" and 'Vihit Prakriya' and thus it would be difficult for this Court to believe that the father of the petitioner who came to be appointed in the first meeting of the Bihar Industrial 2 Area Development Authority, by the Managing Director, as is clearly reported by the immediate controlling authority of the father of the petitioner(Annexure-1) and it is claimed that he was working either on daily wages or against unsanctioned post and not being appointed in the prescribed manner. In that view of the matter, this Court would direct the Managing Director of Bihar Industrial Area Development Authority, to swear a personal affidavit as with regard to the service history of the father of the petitioner after being personally satisfied that the reason given in the impugned order passed in the year 2004 (Annexure-4) is correct and in keeping with the provisions of appointment of the petitioner on compassionate ground." would direct the Authority to consider the case of the petitioner afresh for his appointment on compassionate ground after taking into account the certificate of educational qualification produced by the petitioner alongwith his representation as contained in Annexure-E to the second supplementary counter affidavit. It is however, made clear that it would be open to B.I.A.D.A to make verification of the correctness of the certificates of educational qualification of the petitioner and take a decision in accordance with law. The case of the petitioner will however not be rejected on the ground that his father’s initial appointment was made in an irregular manner. 3 Such consideration must be made and a decision be taken by the Authority within a period 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)