IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.3391 of 2008 =============================================== UMA SHANKAR THAKUR, S/O LATE RAJENDRA THAKUR, R/O VILLAGE RAIPURA, TOLA RASULABAD, POLICE STATION BAKHTIARPUR, POS OFFICE SIMRI BAKHTIARPUR, DISTRICT SAHARSA. .............Petitioner. Versus 1.THE STATE OF BIHAR. 2.THE DISTRICT MAGISTRATE, WEST CHAMPARAN, BETTIAH. 3.THE DEPUTY DIRECTOR, CONSOLIDATION, WEST CHAMPARAN, BETTIAH. 4.THE DISTRICT ESTABLISHMENT DEPUTY COLLECTOR, WEST CHAMPARAN, BETTIAH. ..............Respondents. =============================================== 05/ 12.07.2011 Having heard counsel for the parties and taking into account the previous order dated 19.04.2011 reading as follows:- Heard counsel for the parties. The prayer of the petitioner in this writ application is for quashing the impugned order dated 03.12.2007, containing the resolution of the District Compassionate Appointment Committee, whereby and whereunder the claim of the petitioner for appointment on compassionate ground has been rejected on two grounds, namely, that the application filed by him was time barred and that his father’s appointment was itself illegal. Counsel for the petitioner would submit that both the reasons are incorrect, inasmuch as the date of death of father of the petitioner was 19.6.1999 and the petitioner’s application for compassionate appointment was filed in the month of July-2001 as clearly asserted in paragraph no. 4 of the writ petition, which was also followed a reminder/representative filed by the petitioner on 18.06.2004, both of which were well within the prescribed period of five years. 2 He has further submitted that the finding of the Compassionate Appointment Committee that the father of the petitioner was appointed in illegal manner on the post of Amin is also incorrect, inasmuch as, no such order either declaring the appointment of his father to be illegal or cancelling his appointment on the ground of illegality was ever passed in the lifetime of his father and in fact when after the death of the father of the petitioner the government has already sanctioned family pension and other retirement benefits, the Respondents cannot be permitted to take a plea of any alleged illegality in the appointment of the father of the petitioner for denying the petitioner an appointment on compassionate ground. Though a counter affidavit has been filed in this case but it is curiously silent on any of the aforementioned aspects. Paragraph no. 5 of the counter affidavit in fact, would not by itself be sufficient to establish much less, substantiate the allegation of so called illegality in the appointment of the father of the petitioner. That being so, this court would give one more indulgence to the respondent to substantiate the reasons in the impugned order by filing a supplementary counter affidavit and producing the authentic records relating to appointment of the father of the petitioner as also the original copy of the application of the petitioner seeking appointment on compassionate ground. Such supplementary counter affidavit must be sworn and filed by the Director of Consolidation himself. List this case after four weeks at the top of the list. this Court in view of the clear stand of the respondent Deputy Director of Consolidation that he has already recommended for appointment of the petitioner on 3 compassionate ground, this Court would direct the District Compassionate Appointment Committee headed by the Collector of West Champaran, district Bettiah to consider the case of the petitioner afresh for his appointment on compassionate ground, keeping in mind that both the grounds on which the claim of the petitioner was rejected earlier by the impugned resolution of this Court that could not be substantiated by the respondents in their counter affidavit. Consequently the impugned resolution of the District Compassionate Appointment Committee dated 03.12.2007(Annexure-10) is quashed and the matter is remitted back to the District Compassionate Appointment Committee, West Champaran, District Bettiah, which must do the needful in this matter within a period of four months from the date of receipt/production of a copy of this order, whereafter if the committee would recommend the case of appointment of the petitioner on compassionate ground, the appointing Authority and the Director of Consolidation 4 shall do the needful by issuing his appointment letter against any vacant post, whether class-III or class-IV post, as may be available with them within a period of two months. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J)