IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9609 of 2010 Kumar Mukesh, son of late Jai Narayan Singh, Resident of village Kolanarayanpur, P.O Danda bazaar P.S. Jagdishpur, Dist-Bhagalpur. Versus 1. The State Of Bihar. 2. The Principal Secretary Human Resources Department, Bihar, Patna. 3. The Regional Deputy Director of Education, Bhagalpur Division, Bhagalpur. 4. The District magistrate, cum Chairman, District Compassionate Committee, Bhagalpur. 5. The Deputy Collector District Establishment Section, Collectriate, Bhagalpur. 6. The District Education Officer, Bhagalpur. 7. The District Superintendent of Education, Bhagalpur. ----------- 2 26.04.2011 Petitioner’s father died in harness on 01.01.2008. petitioner submitted his application for compassionate appointment on 09.05.2008. The same was dully recommended at one point of time which was placed before the Compassionate Committee which differed decision on the same. Thereafter, some dispute arose as to whether petitioner’s case fell in the category of non- teaching employee for being appointment on regular basis on the post of clerk. From Annexure-11, it appears that the Collector, Bhagalpur had sought for some guidelines from Principal Secretary, Human Resources Development Department as far back as on 26.11.2009. In the counter affidavit filed on behalf of the respondent No. 3 the Deputy Director of Education, Bhagalpur has accepted that petitioner will not come in the category of teaching staff and therefore, he has to be appointed against regular vacant post i.e., clerk. However, it is admitted position that till today no final decision has been taken by the respondents. 2 In the circumstances, this writ application is disposed of with a direction to the Collector, Bhagalpur to see to it that final decision is taken in the case of the petitioner for his compassionate appointment positively, within a period of two months from the date of receipt/production of a copy of this order. The Collector, Bhagalpur shall be personally responsible for compliance of the order in accordance with law. Prakash ( Jayanandan Singh, J.)