IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8201 of 2008 Kailash Prasad, son of late Ragho Sah, resident of Mohalla Maripur, Barhai Tola, P.S. Kazi Mohammadpur, District Muzaffarpur. --------- Petitioner Versus 1. State of Bihar, through District Magistrate-cum-Chairman, District Compassionate Committee, Muzaffarpur. 2. Civil Surgeon, Muzaffarpur. 3. Medical Officer-in-charge, Additional Primary Health Centre, Karja Block-Kanti, District Muzaffarpur. ---------- Respondents ----------- 2 25.4.2011 Having heard learned counsel for the parties and taking into account that the solitary reason for rejecting the case of the petitioner for appointment on compassionate ground suffers from apparent error, this Court is of the view that the whole case of the petitioner for appointment on compassionate ground has to be reconsidered by the respondents strictly in accordance with law. It is not in doubt that the father of the petitioner died on 19.8.2001 and, before that date, the mother of the petitioner had already retired from the Government service with effect from 31.1.2001. Thus, when the petitioner had filed an application for his appointment on compassionate ground after death of his 2 father on 19.8.2001, the respondents could not have rejected the case of the petitioner on the ground that one of the spouse was still continuing in service. The Government policy dated 5.10.1991 is very clear that both of them should remain in Government service and while one would die, the other on that day must be continuing in Government service so as to disentitle the dependant to get any appointment on compassionate ground. This aspect of the matter has been well settled by this Court in a series of cases the light of the earlier judgment in the case of Dilip Kumar Das Vs. The State of Bihar & Ors. reported in 2000(2)PLJR 203 as also in the light of the case of Jyoti Kumari Vs. The State of Bihar & Ors. reported in 2005(4)PLJR 507. In fact, based on the aforementioned two judgments and similar identical facts, this Court has also recently passed an order dated 5.4.2011 in CWJC No. 2059 of 2006 (Bagish Chandra Jha Vs. The State of Bihar & Ors.) and, therefore, it would also hold in this case that such rejection of the claim of the petitioner to be wholly erroneous and 3 contrary to the Government policy. Thus, the decision taken by the District Compassionate Appointment Committee in the meeting held on 27.2.2007, so far it relates to the petitioner at serial no.68, is hereby set aside and the District Compassionate Appointment Committee is hereby directed to reconsider the case of the petitioner on merit. Such a decision by the Committee as with regard to the recommendation of the case of the petitioner must be taken within a period of four months from the date of receipt/production of a copy of this order and the appointing authority would also do the needful within a period of next two months if there is a favourable recommendation in favour of the petitioner. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)