IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11187 of 2008 BHULI DEVI, W/O LATE TAPSI RAM, R/O MOHALLA: TELPA GARH, CHOTA TELPA, P.O. CHAPRA, P.S. CHAPRA TOWN, DISTRICT:CHAPRA(SARAN). .............PETITIONER. Versus 1.THE STATE OF BIHAR THROUGH SECRETARY, URBAN DEVELOPMENT, NEW SECRETARIATE, PATNA. 2.DISTRICT MAGISTRATE, SARAN AT CHAPRA. 3.CHAIRMAN, NAGAR PARISHAD, CHAPRA. 4.EXECUTIVE OFFICER, NAGAR PARISHAD, CHAPRA. .............RESPONDENTS. ----------- 03/ 21.06.2011 Heard counsel for the petitioner and Counsel for the State. Counsel for the Nagar Parishad, Chapra is not present, even when his name has been printed in the cause list and the copy of supplementary affidavit has also been served upon him. The issue relating to the solitary prayer of the petitioner in this writ application relating to consideration of her case for appointment on compassionate ground was dependent on the fact of filing of such an application by the petitioner in the prescribed proforma. This Court accordingly had in its order dated 06.05.2011 given liberty to the counsel for the petitioner to furnish the proof of the fact that she had filed an application seeking appointment on compassionate ground 2 which was duly received in the Office of Nagar Parishad at Chhapra. In the Supplementary Affidavit which has been filed today, the document showing receipt of the application for appointment on compassionate ground of the petitioner contained in letter no. 631 dated 09.10.2009 has been admitted. Thus keeping in view that the death of the husband of the petitioner had taken place on 05.01.2005 and there was a pending application of the petitioner as on 09.10.2009, thus this court must hold that there was a valid application filed by the petitioner within the prescribed period of time which was required to be considered and disposed of by the Chapra Nagar Parishad. As noted above learned counsel for the Chapra Nagar Parishad is not present nor he has filed any counter affidavit during the period of last three years, ever since this writ application was filed and had remained pending. In the writ application also the petitioner has made a categorical averment as with regard to the filing of her application for appointment on compassionate ground and therefore, considering the unrebutted stand of the 3 petitioner both in the writ petition and the supplementary affidavit that her application for appointment on compassionate ground has not been disposed of as yet, this Court would direct the respondent no. 3 and 4 to ensure that a final decision in the matter of appointment of the petitioner on compassionate ground is taken within a period of four months from the date of receipt/production of a copy of this order. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J)