IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13033 of 2010 1. ARVIND KUMAR KUSHWAHA S/O LATE ANGAD PRASAD R/O VILL.- DIYARA BIJAYPUR,POST-SIPAYA,P.S.- BISHWAMBHARPUR,DIST.-GOPALGANJ. Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY,H.R.D.D.,BIHAR,PATNA 2. THE DIRECTOR,PRIMARY EDUCATION,BIHAR,PATNA. 3. THE DIVISIONAL COMMISSIONER,SARAN DIVISION AT CHAPRA. 4. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION,SARAN AT CHAPRA 5. THE COLLECTOR CUM CHAIRMAN,DIST COMPASSIONATE APPOINTMENT COMMITEE,GOPALGANJ. 6. THE DISTRICT EDUCATION OFFICER,GOPALGANJ 7. THE DISTRICT SUPERINTENDENT OF EDUCATION,GOPALGANJ. ----------- 02. 05.04.2011 Father of the petitioner died in harness, who was an assistant teacher in a Government Middle School, in the district of Gopalganj. Petitioner, the eldest son, filed an application for consideration of his case for compassionate appointment and his case was considered by the District Compassionate Appointment Committee in its meeting held on 13.12.2008. The said minutes of the meeting is Annexure-3. Name of the petitioner figures at serial no.38 wherein the committee recorded that in absence of any vacancy as indicated by the District Superintendent of Education, Gopalganj, his case would be kept pending for further consideration. That was the decision of 13.12.2008. Thereafter case of the petitioner has not been revived or taken up. Since the circumstances under which the case of the petitioner was not recommended at the relevant time, have 2 undergone a change. Vacancies are available according to the petitioner and recommendation has been made by the District Superintendent of Education. In view of the same, the writ application is disposed of with a clear direction upon the District Magistrate who happens to be the Chairman of the District Compassionate Appointment Committee that the case of the petitioner will be taken up in the very first meeting which will be held by the District Compassionate Appointment Committee where petitioner’s application will be reconsidered in the changed circumstances and a decision taken and communicated to him. The Court expects that an early meeting as well as decision will be taken within a reasonable time frame as much time has elapsed since the death of the father of the petitioner and obviously family must be facing hardship as he was relatively lowly paid employee. The writ application is allowed with above direction. rkp ( Ajay Kumar Tripathi, J.)