IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15871 of 2006 Bharat Bhushan Kumar s/o Late Ram Nandan Singh, R/o village- Dhanauti, P.O. Salarpur, P.S. Jehanabad, District- jehanabad……………………………………Petitioner Versus 1. The State Of Bihar through The Commissioner-cum-Secretary, Health Department, New Secretariat, Government of Bihar, Patna. 2. Civil Surgeon-cum-Chief Medical Officer, District- Gaya. 3. The Additional Chief Medical Officer, District- Gaya. 4. The District Magistrate, Gaya. 5. The District Magistrate-cum-Chairman of District Compassionate Appointment Committee, Jahanabad. 6. The Officer-in-Charge of lPolice Station, Jahanabad, Jahanabad…………………………………………………………………….Respondents. 3 02-07-2010 Petitioner’s father while working as vaccinator in the Primary Health Centre Jahanabad became traceless from 7.6.1991. He remained traceless for more than seven years. Therefore, after passage of a period of seven years, petitioner submitted application for his appointment on compassionate ground on 26.12.2003. The respondents have not considered his application and have not passed any orders on the same till now. Learned counsel for the petitioner has drawn the attention of this Court to a judgment of this Court in the case of Smt. Kamla Devi and another v. State of Bihar reported in 2005(2) P.L.J.R. 155, wherein this Court has held that on account of disappearance for more than seven years a presumption arises under the Evidence Act of death of the person. Therefore, under the said presumption in law, the Government servant has to be treated to have died on the date of his disappearance and if he was in service on that day it will be presumed that be died in harness. Any application for compassionate appointment on the ground of such disappearance, leading to legal presumption of death, has to be considered on merits treating the same to be death of the Government employee in harness. Learned counsel for the petitioner has also referred to a judgment of this court rendered in a batch of cases led by C.W.J.C. No. 13282 of 2005, copy whereof has been annexed with the supplementary affidavit, which also is to the same effect. In the circumstances the writ application is disposed of with a direction to the respondents to consider the case of the petitioner for his compassionate appointment on merits in view of the said judgment of this Court. Consideration must be made and final orders must be passed within three months from the date of receipt/production of copy of this order. S.P. (J. N. Singh, J. )