IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6804 of 2010 MANJAY LAL PASWAN s/o Late Dukhan ram a resident of the village kushar P.O+P.S-Keshariya Dist-East Champaran. Versus 1. THE STATE OF BIHAR. Through the Chief Secretary, Govt. of Bihar, Old Secretarial Patna. 2. The District Magistrate Dist Gopal Ganj 3. Dist Welfare Officer Dist Gopal Ganj. 4. Executive Engineer National High Way Path Paramandal Dist Gopal Ganj. 5. The Additional Collector Establishment Dist. Gopalganj ----------- 2 12.01.2011 The application of the petitioner for his appointment on compassionate ground has been rejected by the District Compassionate Committee in its meeting dated 21.12.2009 on the ground that his elder brother is already in service as Panchayat Teacher. Learned counsel for the petitioner submits that the said brother of the petitioner had separated from the family even before the death of their father and was living separately elsewhere. Therefore, his being in service should not be considered against the case of the petitioner for his compassionate appointment. Whether, the said brother of the petitioner is living separately from the family or not is a question of fact. The documents produced along with the supplementary affidavit filed today in support, require verification and cross checking with evidence in respect of actual separation of the said brother from the family. Hence, petitioner will be at liberty to file his representation before the Collector for re-verification of these 2 facts and fresh consideration of his case. In case, in enquiry and re-verification it is established that the said brother of the petitioner was in fact separate in living from before the death of father, the respondent Collector may pass appropriate orders on the application of the petitioner in accordance with law. As the matter relates to compassionate appointment, it will be appropriate for the Collector to get the enquiry done and come to a final conclusion preferably within a period of three months from the date of receipt of the said representation from the petitioner. The writ application is disposed of with the above observations & directions. Prakash ( J.N.Singh, J.)