IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9313 of 2010 Pappu Das son of Shri Laxman Das, Resident of Mohalla-Daudwat, Post Office & Police Station-Habibpur, Dsit-Bhagalpur. Versus 1. The State Of Bihar. 2. The District Magistrate, Bhagalpur. 3. The Superintendent of Police, Bhagalpur. 4. The Anchal Adhikari, Jagdishpur Block, Bhagalpur. 5. The Officer In-charge, Habibpur Police Station Bhagalpur. ----------- 2 26.04.2011 Petitioner has filed this writ application for a direction to the respondents to consider his case for compassionate appointment as Chowkidar on account of death of his grand father in harness. Learned counsel for the petitioner points out that by Annexure-1 to the writ application petitioner’s case was forwarded by the S.P to the Officer in-charge for inquiry and report; by Annexure-2 a report was submitted by the Officer in-charge; by Annexure-3 the S.P forwarded application of the petitioner to the Collector, Bhagalpur for the consideration; by Annexure-4 the Officer-in-charge forwarded another application of the petitioner to the Circle Officer and by Annexures-5 and 5A the other brothers of petitioner gave no objection on affidavit in favour of the petitioner. Learned counsel submits that despite all these developments, no final decision has been taken on the application of the petitioner by the Compassionate Committee and the same has not been communicated to the petitioner. Counter affidavit has been filed in this case on behalf of the S.P sworn by S.P Bhagalpur. In the counter affidavit it is stated 2 that since the petitioner was grandson (Nati) of the deceased Chowkidar, he does not come within a purview of heirs eligible for appointment on compassionate ground. In the counter affidavit reliance has been placed on a resolution of the Government dated 23.06.1990, a copy whereof is also annexed as Annexure-A. However, there is no statement in the counter affidavit that the case of the petitioner has been placed before the Compassionate Committee and any final decision has been taken on the same, either way. In the circumstances, this Court directs the Collector, to ensure that the case of the petitioner is placed before the Compassionate Committee and a final decision is taken, either way on the same. This writ application is disposed accordingly. However, it is made clear that this Court has not expressed its opinion in respect of merits of the claim of petitioner for such compassionate appointment. Prakash ( Jayanandan Singh, J.)