IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6282 of 2010 CHANDAN KUMAR S/O LATE KALESHWAR HAZRA R/O VILLAGE & P.O.- HARSAR FALIKWARA, P.S. MAHNAR, DISTT.- VAISHALI, C/O UMESH PASWAN, DAUT BIGHA, P.O.- BAHADURPUR HOUSING COLONY, P.S.- AGAMKUAN, DISTT.- PATNA Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER CUM SPECIAL SECRETARY COMMERCIAL TAXES, GOVT. OF BIHAR, PATNA 3. JOINT COMMISSIONER TAXES (ADMIN), PATNA DIVISION, PATNA 4. DY. COMMISSIONER, COMMERCIAL TAXES SPECIAL CIRCLE, PATNA ----------- FOR THE PETITIONER : MR.ARUN KUMAR, ADV. FOR THE STATE : MR.A.A.G.-3 WITH MR.SHIVAN SINGH, A.C. TO AAG-3 ----------- 4. 10/01/2011 It is not in dispute that father of the petitioner was appointed under the respondents on 3.2.1979. He continued in service and died in harness on 27.7.2007. Petitioner being his son applied for his compassionate appointment in place of his father. Upto this far, there is no dispute. The dispute being raised by the respondents now is that since appointment of father of the petitioner was not confirmed and the validity of his appointment is under doubt, no final orders are being passed on his application for compassionate appointment. It is stated in the counter affidavit that the case of the father of the petitioner as well as many others are pending for consideration before the Cabinet for 2 regularization of their services. It is only after the decision is taken by the Cabinet that orders will be passed on his application. This Court is of the view that the respondents should not be so insensitive towards a ward of an employee, who has served them for almost 28 years. With the death of the father of the petitioner, admittedly while in service for last 28 years, all controversies in respect of validity of his appointment should come to an end and he should be treated as regular employee. Petitioner, therefore, must be treated to be entitled for compassionate appointment in place of his father as per Government guidelines treating his father to be a regular employee of the respondents. The writ application is therefore allowed with a direction to the respondents to consider the application of the petitioner for his compassionate appointment on merits in the very next meeting of the District Compassionate Committee and take a decision in that respect. Pradeep/ ( J. N. Singh,J.)