IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1756 of 2007 Chouhan Vijay Singh Prabhakaer, son of late Kunj Bihari Prasad, resident of Mohalla Saidpur First East Lane Vikhna Pahari, Patna-4, P.S. Kadamkuan, District Patna (Bihar).....Petitioner Versus 1. The State Of Bihar through Chief Secretary, Government of Bihar, Main Secretariat, Patna 2. District Magistrate, Patna 3. Deputy Collector, Establishment Department, Patna 4. Superintendent, Patna Medical College Hospital, Patna 5. Director office of P.P.Program, Patna Medical College, Hospital, Patna........ Respondents ----------- 2. 16.07.2010 Heard learned counsel for the petitioner and learned counsel for the State. Annexure-7 is a proceeding of the District Compassionate Committee dated 12.04.2005, in which the application of the petitioner for his compassionate appointment, in place of his mother who died in harness on 28.07.2002, has been rejected on the ground that his elder brother is in service in a Bank, and it has been held that as per the resolution of the Government, he was not entitled for compassionate appointment. It appears that in his application petitioner mentioned that his elder brother was married and living separately and therefore, he was not in a position to look after family members - 2 - of the deceased. If it is established as a fact that the family member of the deceased, who is in Government service, is separate and is not looking after the other family member of the deceased employee, then for all practical purposes, it has to be assumed that he has separated from the family. In that situation, the family members of the deceased employee need some succour to get over from the financial crisis being faced by the family on account of sudden death of the employee. Petitioner has claimed such a situation in his representation. Therefore, this Court is of the view that it will be appropriate for the authorities to get an enquiry held as to whether, in fact, elder brother of the petitioner is living separately and has no connection with the family. If, on enquiry, it is established that he has no connection with the family whatsoever, then in that case the application of the petitioner for his appointment on compassionate ground deserves to be considered on merits. - 3 - Therefore, respondents are directed to re-examine the matter from the above angle and reconsider the application of petitioner for his compassionate appointment afresh. It is expected that a decision shall be taken by the concerned authority within three months from the date of receipt/production of a copy of this order. The writ application is disposed of with the aforesaid observations and directions B.T (J. N. Singh, J.)