IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2318 of 2006 AFTAB ALAM Versus THE STATE OF BIHAR & ORS ----- For the petitioner: Mr.Madhusudan Kumar,Advocate For the State: Mr.Rabindra Kumar Priyadarshi J.C. to A.A.G.No.III 3. 21.1.2009 Heard learned counsel for the parties. The petitioner seeks a direction upon the respondents to consider his case for appointment on compassionate ground and in the alternative to dispose of Misc. Case No.117 of 2001-02 filed on 11.2.2002 before the respondent No.1. The facts of the case, in brief, are that the petitioner’s father having stopped to come to his office after a transfer order was served upon him and having remained absent for a substantial period, a show cause was issued to him and ultimately his temporary service was terminated by memo No.608 dated 11.3.1983. The father of the petitioner died on 6.2.1989. During the said period the said order of dismissal was not challenged and after his death, a writ petition, being C.W.J.C. No.9197 of 1994, was filed with a prayer to quash the letter bearing memo No.608 dated 11.3.1983, by which the husband of the petitioner of that case and the father of the present petitioner was dismissed. By order dated 16.9.1996, this Court dismissed the writ petition as devoid of any merit. The order has acquired finality. The case of the petitioner is that immediately after the death of his father, an application was made for appointment on compassionate ground. Further it is submitted that a Misc. Case No.117 2 of 2001-02 was also filed in the Court of the Collector. It is, therefore, prayed by the petitioner that the authorities should consider his case for appointment on compassionate ground or in alternative the said Misc. Case No.117 of 2001-02 should be disposed of. So far as the question of disposal of any case filed by the petitioner before the Collector is concerned, this Court does not find any such provision made in the Circular dated 5.10.1991 of the Government of Bihar, Department of Personnel and Administrative Reforms that the matter of compassionate appointment could be determined by filing of any case in the Court of the Collector. Rather, it is clearly provided in the said Circular that an application in the duly prescribed form has to be made for the purpose of compassionate appointment. In the said circumstances, no such direction can be issued to the Collector, Darbhanga to dispose of the said Misc. Case No.117/2001-02. So far as the claim of the petitioner for compassionate appointment is concerned, this Court has already vide the aforesaid order dated 16.9.1996 refused to set aside the dismissal order dated 11.3.1983 of the petitioner’s father. It is evident that subsequent to the death of the petitioner’s father in 1989 no claim for compassionate appointment would arise, as the petitioner at the time of his death was not in service as a Government servant. In the above circumstances, there is no merit in the writ application and it is, accordingly, dismissed. VPS ( Ramesh Kumar Datta,J.)