IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7455 of 2010 AKASH ANAND, S/O LATE GANGU PRASAD, R/O RAILWAY GUMTI NO. 2, MANGAL BAZAR, P.S.- KOTWALI, DISTRICT- MUNGER. Versus 1. THE STATE OF BIHAR, THROUGH ITS SECRETARY, CIVIL SUPPLY DEPARTMENT, GOVT. OF BIHAR 2. THE DISTRICT MAGISTRATE, MUNGER. 3. THE MANAGING DIRECTOR, BIHAR STATE FOOD CORPORATION, SONE BHAWAN, BIRCHAND PATEL PATH,PATNA. 4. THE DISTRICT MANAGER, STATE FOOD CORPORATION LTD. MUNGER. 5. THE MANAGING DIRECTOR, STATE FOOD CORPORATION LTD. MUNGER. ----------- 03. 04.05.2010 Heard learned counsel for the petitioner and the Bihar State Food and Civil Supplies Corporation(hereinafter referred to as the Corporation). 2. Petitioner is the son of Lat Ganga Prasad who died on 24.11.2001 while serving the Corporation on Class-IV post. Soon after the death of his father application was made on behalf of the petitioner seeking appointment on compassionate ground. The authorities of the Corporation referred the case of the petitioner for consideration by the District Compassionate Committee, as is evident from Annexures-3 to 5, whereafter the District Magistrate, Munger recommended the case of the petitioner for appointment on Class-III post under recommendation dated 4.7.2005, Annexure-6. The case of the petitioner for appointment on compassionate appointment has not been considered as the Corporation under office order dated 29.5.2004, Annexure-8 has resolved not to make any appointment on compassionate ground as there is over staffing on Class-IV post and there is ban imposed by the State Government on appointment. 3. Counsel for the Corporation confirmed that after passing - 2 - of the order dated 29.5.2004, Annexure-8 till date none has been appointed in the Corporation on compassionate ground and in such circumstances, case of the petitioner, although, recommended by the District Magistrate under recommendation dated 4.7.2005, Annexure- 6 has not been considered for compassionate appointment. From perusal of office order dated 29.5.2004, Annexure-8 it does not appear that the Corporation has shelved the policy of compassionate appointment. In the circumstances, as and when ban imposed by the Administrative Department is removed or over staffing is brought within control, the authorities of the Corporation should consider the case of the petitioner and all others similarly situate as per the seriatim of the date of death of the employees whose wards are seeking compassionate appointment. 4. With the observation and direction aforesaid the writ application is disposed of. Rajesh/ (V.N.Sinha, J.)