IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16622 of 2009 1. DEONARAYAN RAM S/O LATE JAGDEO RAM R/O VILLAGE + P.O.- HANUMAN NAGAR CHAURA, P.S.- MADHEPURA, PRESENTLY POSTED AS CLERK IN THE OFFICE OF BLOCK DEVELOPMENT OFFICER, MURLIGANJ Versus 1. THE STATE OF BIHAR 2. THE SECRETARY RURAL DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 3. TH DISTRICT MAGISTRATE MADHEPURA 4. THE DEPUTY DEVELOPMENT COMMISSIONER MADHEPURA 5. THE BLOCK DEVELOPMENT OFFICER MURLIGANJ, DISTT.- MADHEPURA For the Petitioner : Mr. Satish Chandra Jha 3 For the State : Mr. Aditya Nath Pandey, AC to G.P. II ----------- 2. 19.01.2010 Heard learned counsel for the petitioner and the State. The petitioner was appointed on compassionate ground on the recommendation of the District Compassionate Appointment committee on 25.1.2006. Learned counsel submits that the compassionate appointment has its own urgency and purpose to save the family of the deceased from destitute and penury by providing employment. The entire purpose is being frustrated by non-payment of salary, despite repeated representations as appended at Annexures 13, 14 & 15. Annexures 6, 8 & 16 are letters dated 25.2.2006, 14.7.2006 and 26.10.2009 of the Block Development Officer recommending payment of salary to the petitioner. From the letter dated 14.7.2006 this Court finds it difficult to appreciate the action of the Respondents in examining the eligibility/certificate of the petitioner after he has been appointed by the Committee. There arises presumption that his appointment was in accordance with law after proper verification of all his credentials. This does not 2 forbid fresh enquiry if the Respondents are subsequently made aware of fresh materials. Presently, it does not appear to be such a case. Even if the Respondents desire to verify his credentials a speculative enquiry at this stage, cannot be sufficient justification to withhold his salary which is otherwise a statutory right and cannot be denied except in accordance with law. Let Respondent no. 3 examine and ensure that the legitimate dues of the arrears and regular salary of the petitioner are made available to him in accordance with law forthwith without unnecessary delay. The writ application stands allowed. AKS/ (Navin Sinha, J.)