IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.916 of 2006 MOST.ANO DEVI & ANR Versus THE BHARAT WAGON ENGINEERING C ----------- 3. 19.9.2008 Heard learned counsel for the petitioner and learned counsel for the Bharat Wagon Engineering Company Ltd., Mokama. Petitioner No.1 is the widow and petitioner No.2 is a son of the deceased employee, who died on 16.2.2001 on account of prolonged illness while in service in the said company. Petitioner No.1 applied for compassionate appointment of her son (petitioner no.2), but no action has been taken by the respondent- authorities. In the counter affidavit the stand taken is that the respondent- company is overstaffed and has taken recourse to Voluntary Retirement Scheme in order to lessen the number of employees and, accordingly, the Board of Directors on 16.3.2000 has resolved that it is not feasible for the company to appoint new personnel on compassionate ground in view of the expected losses during the then current year and while the company has already taken effective steps to set right the surplus manpower through V.R.S. Learned counsel for the respondent company submits that there is a proposal to shift the control of the Company from the Ministry of Industries to the Ministry of Railways, Government of India. In the above circumstances, the writ application is disposed of with a direction that if in future the compassion appointment is made with respect to the employees of the respondent- company then 2 the case of petitioner No.2 should also be considered in accordance with law. VPS ( Ramesh Kumar Datta,J.)