IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.132 of 2007 Ram Krit Bihari Lal, S/O Late Indra deo Gope, resident of village- Sohjana Police Station, Islampur, district- Nalanda ………. Petitioner Versus 1.The State Of Bihar through the Commissioner-cum- Secretary, Public Works Department, Secretariat, Patna 2.The Engineer-in-Chief, Public Works Department, Bihar, Patna 3.The Superintending Engineer, Central Range Public Works Department, Patna 4.The Executive Engineer R.C.D. Division Bihar Sharif 5.The District Magistrate-cum-Chairman Establishment Compassionate Committee, Nalanda 6.The Deputy Collector (Establishment) Nalanda …… Respondents ----------- For the Petitioner : M/s Pushkar Narayan Shahi, Amresh Kumar, Bijay Kumar Pandey and Sanjeet Kumar Singh, Adv. For the State : S.C.18. ----------- 2. 06/07/2010 Petitioner’s application for his appointment on compassionate ground in place of his father, who died in harness on 26.2.1993, has been rejected vide Annexure- 5, holding that the date of application was 2.5.2001 and therefore he did not possess minimum educational qualification of Class VIII as per circular of the Government dated 25.4.1997. Learned counsel for the petitioner has pointed out that, as per own admission of the respondents in paragraph 6 of the counter affidavit, petitioner had actually - 2 - applied on 19.2.1994. Therefore, the said circular of the Government would not cover the case of the petitioner even if the date of application were to be taken as relevant for the eligibility of his candidature. Submission of learned counsel for the petitioner is correct. Respondents have clearly admitted in paragraph 6 of the counter affidavit that the petitioner had applied on 19.2.1994 and his application was forwarded to the Superintending Engineer, Central Circle, Patna through his letter dated 4.5.2001. The date of application being 19.2.1994, obviously, said Government letter dated 25.4.1997 is not applicable in the case of the petitioner as already held by this Court in the case of Parmanand Sah Vs. State of Bihar, reported in 2005(2) PLJR 511 and Bhuvneshwar Prasad Gupta Vs. Dharmnath Prasad, reported in 2006(4) PLJR 456. The writ application is accordingly allowed. Respondents are directed to consider the application of the petitioner for his compassionate appointment in accordance with law, as applicable on the - 3 - date of submission of application by the petitioner, and pass orders on the same preferably within a period of two months from the date of receipt/production of a copy of this order. Pradeep/ ( J. N. Singh, J.)