IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14630 of 2005 Pankaj Kumar, son of Late Usha Devi & Sachchidanand Singh, village Diha Ariyari, PS Ariyari, District Sheikhpura – Petitioner. Vs. (1) The State of Bihar through Commissioner cum Secretary, Department of Health & Family Welfare, Bihar, Patna. (2) District Magistrate cum Collector, Sheikhpura. (3) Dy. Collector Establishment, Sheikhpura Collect orate, Sheikhpura. (4) Civil Surgeon cum Chief Medical Officer, Sheikhpura. (5) Medical Officer Incharge, Addl. Primary Health Centre, Ariyari, Dist. Sheikhpura. (6) Civil Surgeon cum Chief Medical Officer, Deoghar, Jharkhand – Respondents. 9 25.2.2011 This application has been filed for appointment of the petitioner on compassionate ground. The facts giving rise to the filing of this writ petition is that the petitioner’s mother i.e. Usha Devi was initially appointed as A.N.M. on 20.12.1990 in the district of Deoghar. She was transferred to Sheikhpura district in 1995 on special ground that she was suffering from cancer. Usha Devi passed away on 25.12.1998 and thereafter the petitioner filed an application to be appointed on compassionate ground on 27.1.2001. On perusal of Annexures 3 and 4 it is apparent that the appointment is not being considered by the Establishment Committee, chaired by the District Magistrate, Sheikhpura on the ground that certain papers and clearance are required from Deoghar. In the mean time the petitioner has received all the concerned benefits as a result of death of his mother. Counsel appearing on behalf of the State of Jharkhand submits that he has received statements of fact on 18.2.2009 wherein it has been stated that Usha Devi was appointed as 2 A.N.M. vide memo no. 2009, dated 20.12.1990 which would indicate that there is no dispute with respect to the fact that she was duly appointed of Health Department under undivided State of Bihar. I accordingly direct that the Establishment Committee headed by the District Magistrate, Sheikhpura should take a decision regarding the appointment of the petitioner on compassionate ground within a period of three months on receipt of a copy of this order. This writ petition is disposed of with the aforesaid directions. haque ( Sheema Ali Khan, J.)