IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2317 of 2009 1. Ishrat Jaha Ara, W/o Late Md. Nayim Khan. 2. Md. Shah Nawaz Khan, Son of Late Md. Nayim Khan. Both resident of Village Jabbar Chak, P.O. Tatarpur, P.S. Bhagalpur, District Bhagalpur. -------- Petitioners Versus 1. The State of Bihar. 2. Principal Secretary Labour Employment and Trainng Department, Govt. of Bihar, Patna. 3. Labour Commissioner, Govt. of Bihar, Patna. 4. Deputy Labour Commissioner, Bhagalpur, Govt. of Bihar. ------- Respondents ----------- 4 19.8.2009 Heard learned counsel for the petitioners and counsel for the State. Strictly speaking, this writ application was not maintainable before this Court, inasmuch as, all the parts of cause of action for such appointment on compassionate ground had taken place exclusively within the territorial jurisdiction of State of Jharkhand. The father of the petitioner was employed in the office of the Deputy Labour Commissioner, Dumka and he had died in the year 1999 while holding such post at Dumka. The application for appointment on compassionate ground was also filed by the petitioner at Dumka and the same is said to have been sent by the Deputy Labour Commissioner, Dumka to Deputy Commissioner, 2 Dumka for being placed in the District Compassionate Appointment Committee at Dumka. That being the complete clear picture, so far it relates to the cause of action relating to appointment of the petitioner on compassionate ground, as per the Government Circular, had arisen within the territorial jurisdiction of State of Jharkhand. Counsel for the petitioners, however, would submit that the petitioners are destitute and a victim of circumstances who have already lost bread earner of the family and therefore, when this writ application has been kept pending for sometime before this court, it would be in the interest of justice just to give direction to the Deputy Commissioner of Dumka to process the pending case of compassionate appointment of the petitioners and take a final decision within a stipulated time period. Considering the fact that the pleadings in this case has already been completed as also there is no dispute on facts that the petitioners’ case has to be at least considered for compassionate appointment in 3 terms of the Government decision and such proposal is still pending consideration before the Deputy Commissioner, Dumka, this Court would expect the said Deputy Commissioner to take a final decision within a period of four months from the date of receipt/production of a copy of this order. Let it be made clear that this Court has not expressed any opinion on the merit of the claim of the petitioner which has to be decided strictly in accordance with the Government decision/circular. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)