IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3980 of 2009 RAM PRAVESH CHOUDHARY . Versus THE STATE OF BIHAR & ORS . ----------- 3. 20.06.2011 Heard learned Counsel for the petitioner. None is present on behalf of the State and no counter affidavit has been filed. The writ petition was filed on 31.3.2009 after serving two copies of the writ petition in the office of Advocate General, the second copy was to enable the respondents to expeditiously file a counter affidavit to assist the Court in timely dispensation of justice. The claim for compassionate appointment has its own urgency given the circumstances in which it is made. The fact that it may succeed or may not succeed is not relevant at this stage. On 10.2.2011 this Court had granted four weeks’ time to file a counter affidavit also. It is apparent that the respondents did not consider it their duty to file a counter affidavit in good time from the date of service of a copy of the writ petition, but considered the right to seek adjournment when the writ petition may first be taken up as a matter of vested right. More than two years and three months has not been considered sufficient time by the respondents to assist the Court by filing a counter affidavit. In the nature of the claim, the Court comes to the conclusion that the delay shall only defeat justice. The respondents appear to be acting in a manner to prevent access to justice by the petitioner. The father of the petitioner is stated to have been a Peon in the department of Commercial Taxes. He is stated to have been deceased on 19.3.2006. The petitioner as the son applied for compassionate appointment on 19.7.2006. He has then filed this writ application on 31.3.2009. Learned Counsel for the petitioner submits that the petitioner had been representing in the meantime. The deficiencies in the application pointed out by the respondents on 25.7.2006 were removed on 28.9.2006 which was forwarded on 26.10.2006, notwithstanding which no further steps have been taken. Respondent no. 7 who heads the District Compassionate Appointment Establishment Committee, is directed to consider the case of the petitioner for compassionate appointment in accordance with law and pass final appropriate orders within a maximum period of four months from the date of receipt and/or production of a copy of this order before him. It is expected that the District Magistrate shall duly discharge his duties in accordance with law and shall not generate further litigation by sheer inaction, The writ application stands disposed. Snkumar/- (Navin Sinha,J.)