IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14105 of 2009 1. ALOK KUMAR PANDEY S/O LATE GANESH PANDEY VILL+POST OFFICE- DHARAMPARSA, P.S- MANJHAGADH, DISTT- GOPALGANJ Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY DEPARTMENT OF PERSONAL AND ADMINISTRATIVE REFORMS, GOVERNMENT OF BIHAR, PATNA 3. THE DISTRICT COMPASSIONATE COMMITTEE SIWAN THROUGH ITS CHAIRMAN DISTRICT MAGISTRATE, SIWAN, BIHAR 4. THE DISTRICT MAGISTRATE SIWAN, BIHAR 5. THE DISTRICT EDUCATION OFFICER SIWAN, BIHAR ----------- 2. 27.01.2010 Heard the counsel for the petitioner and the counsel appearing for the state. Petitioner has come before this court for a very limited relief, i.e. for a direction to the respondents to issue appointment letter in favour of the petitioner as per the recommendation of the District Compassionate Committee dated 22nd June, 2009 (Annexure-3). Petitioner’s father died in harness on 10.08.2002. He submitted his application for compassionate appointment but the District Compassionate Committee did not make any recommendation in favour of the petitioner as he was the son from second wife of the deceased-employee. The District Compassionate Committee sought for a guideline from the Department of Personnel and Administrative Reforms. The petitioner, in the meantime, again filed representation before the Committee for taking decision in his case in the light of the judgment passed by the High Court in L.P.A. No. 305 of 2005. In L.P.A. No. 305 of 2005, the Division Bench of this court, 2 considering the decision of Supreme Court in AIR 2000, 735, has recorded a finding that the marriage of the mother of applicant may be null and void but so far the child of such marriage is concerned, he will have rights in the property of his parents and not in the property of any other person. Petitioner’s representation was finally considered and decided by the District Compassionate Committee in the light of the judgment passed in L.P.A. No. 305 of 2005. Recommendation was made for petitioner’s appointment on compassionate ground vide order dated 22.06.2009. Now the petitioner has been compelled to move before this court on account of the delaying tendency of the respondents as no appointment letter has been issued in favour of the petitioner despite recommendation of the District Compassionate Committee. This writ application is being disposed of directing the District Magistrate, Siwan and District Superintendent of Education, Siwan to issue appointment letter in favour of the petitioner as per the recommendation dated 22.6.2009 of the District compassionate Committee, Siwan for petitioner’s compassionate appointment. The appointment letter should be issued considering the eligibility and recommendation of the committee within four weeks from the date of production/communication of the order. AKV/ (Mridula Mishra, J.)