IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7601 of 2010 1. RAKESH KUMAR PANDAY, S/O LATE FANI BHUSHAN PANDAY , R/O VILLAGE - MADHOPATTI,P.S.-KAMTAUL,DISTRICT- DARBHANGA. Versus 1. THE STATE OF BIHAR THROUGH ITS SECRETARY, FOOD & CIVIL SUPPLY, GOVT. OF BIHAR, PATNA 2. SENIOR REGIONAL MANAGER, FOOD CORPORATION OF INDIA,REGIONAL OFFICE,PATNA-1. 3. DISTRICT MANAGER, FOOD CORPORATION OF INDIA, DISTRICT OFFICE,DARBHANGA. ----------- For the petitioner : M/S Birendra Kant Choudhary & Kali Prasad Singh, Advocates. For the State :- Mr. S.C. 10. For the F.C.I. :- Mr. P.K.Verma, Advocate. ====== 03. 18.05.2010. Heard learned counsel for the petitioner, State and the Food Corporation of India (hereinafter referred to as the “Corporation”). 2. Petitioner is the son of Fani Bhushan Pandey who died on 09.8.1999 while serving the Corporation on the post of Depot/Godown Manager, Grade AG-1(D). Soon after his death petitioner and his mother requested the Corporation to consider the case of the petitioner for appointment on compassionate ground which is evident from the letter of the Corporation dated 20.9.1999, 19.11.1999 and the memo dated 3.12.1999, 6.7.2000 (Annexures 1 to 4) but till date the case of the petitioner for compassionate appointment in the Corporation has not been considered. 3. It is submitted on behalf of the counsel for the Corporation that the compassionate appointment is to be made against 5% vacancy reserved for compassionate appointment for the wards of the employees dying in harness. Such vacancy is not available in the circumstances, petitioner has not been considered for - 2 - appointment on compassionate ground so far. 4. Having heard counsel for the parties, I direct the competent authority of the Corporation to consider the case of the petitioner for compassionate appointment against the vacancies of 5 per cent quota keeping in view the date of death of his father and pass appropriate reasoned order, as early as possible, in any case within a period of three months from the date of receipt/production of a copy of this order. 5. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)