IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.246 of 2007 DIL ARA BEGUM, WIDOW OF LATE MD. OWAIS QUARNI, RESIDENT OF VILLAGE SIKTEHOR, P.O. SONTHA, P.S. BAHADURGANJ, DISTRICT KISHANGANJ, AT PRESENT RESIDING AT AZIMABAD COLONY, NEAR SHAHGANJ KABRISTAN, P.O. MAHENDRU, P.S. SULTANGANJ, DISTRICT & TOWN PATNA------------------------------------------------------------PETITIONER Versus 1.THE STATE OF BIHAR 2.SECRETARY-CUM-COMMISSIONER, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, VIKASH BHAWAN, PATNA 3.SPECIAL DIRECTOR, SECONDARY & ADULT EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, VIKASH BHAWAN, PATNA 4.BIHAR STATE MADRASA EDUCATION BOARD THROUGH ITS CHAIRMAN, VIDAYAPATI MARG, PATNA 5.SECRETARY, BIHAR STATE MADRASA EDUCATION BOARD, VIDAYAPATI MARG, PATNA-----------------------------------------RESPONDENTS ----------- For the petitioner :M/S S.Azeem, S.M.Ehtesham, Advocates For the Board :Mr.M.R.Alam, Advocate For the State :S.C.19 ----- 4. 04.4.2011 Heard learned counsel for the petitioner and learned counsel for the respondent Bihar State Madarsa Education Board as also learned counsel for the State. The petitioner seeks quashing of the office order dated 26.4.2005 issued by the respondent No.5, Secretary, Bihar State Madarsa Education Board by which the claim of the petitioner for appointment on compassionate ground has been rejected, and for the direction to the respondent authorities to appoint her. 2 The petitioner’s husband was an employee of the respondent Board and while so serving he died on 18.12.1996. Thereafter the petitioner filed an application for her appointment on compassionate ground on 5.3.1998. Since no steps were taken by the authorities for disposal of the same the petitioner filed C.W.J.C.No.2020 of 2002. In the said writ petition the stand taken in the counter affidavit on behalf of the respondent Board was that the petitioner owns vast immovable properties both at Kishanganj and at Patna and she has considerable rental income. This Court by order dated 20.3.2002 observed that the Board must substantiate the statement on the basis of cogent materials and give the details of the rental income of the petitioner. It was also the stand of the Board that for the said reason the petitioner’s request for appointment on compassionate ground was rejected after due consideration. This Court directed the Board to produce the copy of the order of rejection but despite several dates granted the same could not be produced and ultimately the writ petition was disposed of by order dated 11.7.2003 with a direction that the case of the petitioner for appointment on compassionate ground be placed in the next meeting of the Board in which decision in accordance with law shall be taken by the Board. Subsequently by the office order dated 26.4.2005 the petitioner was communicated 3 that her matter was placed before the full Board in its meeting held on 22.8.2004 and in the meeting dated 10.4.2005 by which the claim for appointment on compassionate ground was ultimately rejected. In the said resolution dated 10.4.2005 of the Madarsa Board it is stated that the petitioner belongs to a well to do family having substantial landed property at Kishanganj and at Patna. It is further stated that an amount of Rs.2000/- and Rs.2500/- per month respectively as rent was being received by her from the houses of Kishanganj and Patna and a further amount of Rs. 1580/- as family pension and accordingly her total monthly income was Rs.6080/- which was quite sufficient and accordingly her claim for appointment on compassionate ground was rejected. Learned counsel for the petitioner submits that the respondents have failed to substantiate as to on what basis they have arrived at the figure of Rs.2000/- and 2500/- being received by her as rent from the houses at Kishanganj and at Patna. It is urged that even from the perusal of the counter affidavit there is no iota of material in support of the said stand. It is accordingly submitted that the order of the Madarsa Board being based upon no material ought to be set aside and the Board be directed to appoint the petitioner on compassionate ground. 4 Learned counsel for the Madarsa Board, on the other hand, submits that the order has been passed after getting the enquiry made and obtaining certificate regarding details of the lands and houses in the name of the petitioner and thus the order of the Board is not fit to be interfered with. However, when this Court asked learned counsel for the respondent Board to point out from any material on the basis of which the finding is given in the resolution of the Board that the petitioner was receiving monthly rent of Rs.2000/- and Rs.2500/- from her houses at Kishanganj and at Patna he was unable to show the same. In the above circumstances, this Court is of the view that the finding arrived at by the respondent Madarsa Board is without any basis and without any actual material before them. The figures of monthly rent given in the said order appear to be a figment of imagination of the respondent Board and could not have been relied upon for the purpose of rejecting the claim of the petitioner. It is unfortunate that the widow of an employee of the Madarsa Board who had filed an application for appointment on compassionate ground as early as in the year 1998 is still pursuing the same after the passage of so many years. It is further 5 surprising that despite clear direction of this Court that the Board must substantiate the statement that the petitioner owns vast immovable properties both at Kishanganj and at Patna on the basis of cogent material and give the details of the rental income of the petitioner by its order dated 20.3.2002, the authorities have been unable to show any such material even after the passage of almost nine years. The said fact shows the callous attitude of the respondent authorities. In the above circumstances, the writ application is allowed. The impugned order dated 26.4.2005 as also the resolution dated 10.4.2005 of the Board are accordingly quashed and it is directed that the petitioner shall be granted appointment on compassionate ground by the Board within a period of three months from the date of receipt/production of a copy of this order. (Ramesh Kumar Datta,J.) Spal/