IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10199 of 2006 Jaikant Singh son of Late Raj Kumar Singh,residentof village Dekpura, Post office Raughi Police Station Rahui, District Nalanda…Petitioner Versus 1.The State of Bihar 2.The District Magistrate, Nalanda 3.The Deputy Development Commissioner, Nalanda 4. The Block Development Officer, Noorsarai,Nalanda ……….Respondents For the Petitioner-Mr.Surendra Kumar, Advocate For the State-Mr.Chandan Kumar Verma,Asstt.counsel to AAG-8 ----------- 4 6.5.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks quashing of the order 9.5.2005 as contained in Memo No.283 by which the District Compassionate Committee, Nalanda, rejected the application of the petitioner dated 10.3.2004 for his appointment on compassionate ground. The ground for rejection as stated in the proceedings of the District Compassionate Committee is that the petitioner is the brother of the deceased Government employee and, accordingly, he does not come within the category of a dependant who can be granted compassionate appointment in terms of the circular letter issued by the Personnel and Administrative Reforms Department, Government of Bihar, dated 5.10.1991. Learned counsel for the petitioner relies upon the circular letter dated 7146 dated 31.10.2008 issued by the Personnel and Administrative Reforms Department in which it has been decided that a Government servant who is unmarried and dies while in service, then in such circumstances his widow mother, younger brother and - 2 - unmarried younger sister will be considered as dependants entitled to be appointed on compassionate ground and to that extent the circular letter no.13293 dated 5.10.1991 has been amended. Learned counsel for the State takes the plea that the representation of the petitioner was rejected in the year 2005 whereas the circular letter no.7146 has been issued on 31.10.2008; hence, the same cannot apply to the case of the petitioner. The said submission of the learned counsel for the State cannot be accepted. The brother of the petitioner who was unmarried died while in service on 19.1.2004 and the application for compassionate appointment has been filed within time and the right to file the same would have continued for five years after death till 19.1.2009 and within the said period the Government circular letter dated 31.10.2008 has been brought into existence and thus the right of the petitioner for compassionate appointment was surviving on the date of issuance of the said circular. Moreover, the petitioner had approached this Court challenging the impugned order dated 9.5.2005 in this writ petition and the order of rejection had thus not acquired finality. He is, therefore, entitled to get the benefit of the circular dated 31.10.2008. In the aforesaid circumstances, the writ application is allowed. The impugned order as contained in letter No.283 dated 9.5.2005 issued by the District Compassionate Committee under the signature of the District Magistrate, Nalanda, is set aside and the matter is remitted to the District Compassionate Committee, Nalanda, - 3 - to re-consider the case of the petitioner in the light of the circular letter no.7146 dated 31.10.2008 and dispose of the same in accordance with law within a period of two months from the date of receipt/production of a copy of this order. SKBOSE (Ramesh Kumar Datta)