IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13814 of 2005 NILAM DEVI Versus THE STATE OF BIHAR & ORS With CWJC No.14193 of 2005 IRFAN ALI Versus THE STATE OF BIHAR & ORS ----------- For the petitioner: Mr. Umesh Prasad Singh (In both cases) : Senior Advocate For Respondent Nos.3&4: Mr. Vindya Keshari Kumar ( In both cases ) Senior Advocate Mr. Ishwari Singh,Advocate For the State: Mr. J.C. to A.A.G.6 (In CWJC No.13814/05) For the State: Mr. Raghvendra Kumar Singh, (In CWJC No.14193/05) J.C. to G.A. No.5 --- 5. 11.9.2008 Both the petitioners in the two writ petitions have approached this Court for issuance of a direction to the respondent- authorities, particularly the Area Development Commissioner-cum- Chairman, Gandak Area Development Agency, Muzaffarpur for their appointments on compassionate ground on the deaths of the employees whose dependents they are. The petitioner in C.W.J.C. No.13814/20-05 is the widow of one Mahendra Prasad Singh, who died while in service in Gandak Area Development Agency, Muzaffarpur on 16.3.2002, whereas petitioner ( Irfan Ali ) is the son of Hazrat Ali, another employee of the Agency, who died on 17.5.2001 while in service. After the deaths of the respective employees, both the petitioners applied for compassionate appointment, but the said appointment has been delayed on one ground or the other, which are not relevant to be recorded. In view of the stand taken by the Gandak Area Development Agency in the supplementary counter affidavit filed today 2 on behalf of Respondent Nos. 3 and 4, it is stated that the two petitioners, namely, Nilam Devi and Irfan Ali, who are at serial nos. 9 and 6 respectively of the list of persons, contained in Annexure-H, are eligible for compassionate appointment. The said statement has been given in paragraph no.7 of the supplementary counter affidavit where it is stated that as many as 9 employees are due to superannuate by or in the year 2010 and 2011 respectively. It is further asserted in the supplementary counter- affidavit that the appointment on compassionate ground will be made from the list contained in Annexure-H to the supplementary counter affidavit strictly in seriatim. In view of the aforesaid averments made in the supplementary counter affidavit filed today on behalf of the Gandak Area Development Agency, the writ applications are allowed with a direction to the respondent- authorities to act in terms of the averments and undertaking given by them in the supplementary counter- affidavit filed today and appoint the petitioners on compassionate ground in accordance with their respective serial numbers in the list of compassionate appointees as and when the vacancies as indicated in paragraph no.7 of the supplementary counter affidavit filed today will arise or any other vacancy arises prior to the said date. VPS ( Ramesh Kumar Datta,J.)