IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.302 of 2007 Amrendra Kumar, son of Late Shyam Sundar Singh, resident of village Nandpura, P.O. Jat Dumri, P.S. Punpun, District- Patna, at present posted as an Accounts Clerk in the office of Quality Control Pramandal, Dehri, Water Resources Department, Dehri-On-Sone, Rohtas ………. Petitioner Versus 1.The State Of Bihar through the Secretary-cum- Commissioner, Water Resources Department, Sinchai Bhawan, Secretariat, Patna 2.The Under Secretary, Water Resources Department, Govt. of Bihar, Sinchai Bhawan, Secretariat, Patna 3.The Chief Engineer, Water Resources Department, Dehri-On-Sone, Rohtas 4.The Deputy Director, Quality Control Pramandal, Water Resources Department, Dehri, Rohtas 5.The District Magistrate, Ara, Bhojpur 6.The Superintending Engineer, Design, Ayojan and Monitoring Circle, Dehri, Indrapuri, Rohtas ………….. Respondents ----------- For the Petitioner : Mr.Deepak Kumar Sinha,Adv. For the State : Mr.S.K.Ranjan, A.C. to S.C.23. ----------- 2. 09/07/2010 In this writ application, petitioner has challenged the order dated 17.2.1997, as contained in Annexure-4, by which he has been appointed afresh after cancelling his earlier appointment on compassionate ground made by the Chief Engineer, Water Resources Department, Dehri-On-Sone, Rohtas by his order dated 6.7.1996, as contained in Annexure-1. Learned counsel for the petitioner submits that petitioner was appointed on - 2 - compassionate ground by Annexure-1, his services were regularized and he was paid salary. However, without assigning any reasons, the said order has been cancelled by the Department by impugned Annexure-4 and he has been appointed afresh without giving continuity of service. In the counter affidavit, stand of the respondents is that the Chief Engineer has no power to make appointment on compassionate ground and therefore, the Department cancelled the said appointment and issued fresh letter of appointment. Admittedly, fault lay with the Chief Engineer, who issued appointment letter appointing the petitioner on compassionate ground. For this, petitioner should not suffer and while appointing him afresh, the Department ought to have considered to allow him continuity of service or at least with benefits of past services i.e. seniority etc. However, since the petitioner has approached this Court after ten years, this Court is not inclined to issue any specific directions for the same. From the counter affidavit, it appears that the case of the - 3 - petitioner for grant of continuity of service is pending with the respondents. Therefore, respondents may consider the same and take appropriate decision as early as possible. This writ application is disposed of with the aforesaid observations and directions. Pradeep/ ( J. N. Singh, J.)