IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.9663 of 2008 MUNCHUN KUMAR, S/O LATE TRIPURARI PRASAD, R/O VILLAGE-MALIKPUR, P.S. SHILAO, DISTRICT NALANDA. ...............PETITIONER. Versus 1.THE STATE OF BIHAR. 2.THE DISTRICT MAGISTRATE, NALANDA. 3.THE SUPERINTENDING ENGINEER, PUBLIC HEALTH ENGINEERING DEPARTMENT, PATNA CIRCLE, PATNA, GOVERNMENT OF BIHAR. 4.TEH EXECUTIVE ENGINEER, PUBLIC HEALTH ENGINEERING DEPARTMENT, PATNA WEST DIVISION, PATNA, BIHAR GOVERNMENT. 5.THE S.D.O/SECTION OFFICER, PUBLIC HEALTH ENGINEERING DEPARTMENT AT BIHARSHARIF (NALANDA). ..............RESPONDENTS. 02 27-04-2011 Having heard counsel for the parties and taking into account the solitary relief sought in this writ application for a direction for appointment of the petitioner on compassionate ground, in view of an order dated 24.01.2011, passed and issued by the competent authority appointing the petitioner on compassionate ground stands ventilated, this writ application must be held to have become infructuous. Counsel for the petitioner has submitted that there is inordinate delay in considering the case of the petitioner for appointment on compassionate ground and in fact the petitioner was compelled to file a writ application for this purpose which would entitle him to claim cost for the delay caused in his appointment on compassionate ground. Counsel for the petitioner, however, could not show any statutory provision requiring consideration for appointment on compassionate ground within a fixed time frame after which the dependent of Government servant even after getting the appointment on compassionate ground would be entitled for payment of cost by way of compensation. In any event claim for such cost by way of compensation having not been prayed by the petitioner in this writ application, the same can be gone into in a properly constituted civil suit, inasmuch as, such compensation can be can be determined only by way of a claim under law of tort. Thus, if the petitioner wants such compensation to be paid to him for delay in his appointment, he will have to file a civil suit claiming damage or compensation where the parties shall be in a position to lead evidence in the issue of delay and quantum of amount of compensation. With the aforementioned observations, this writ application is dismissed as having become infructuous. Ranjan (Mihir Kumar Jha ,J)