IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14257 of 2008 Kesho Prasad son of Late Ram Sohawan Singh, resident of village Budhuchak, P. O. Fatwah, Patna …Petitioner Versus 1. The State Of Bihar through the Chief Secretary, Govt. of Bihar, Old Secretariat Building, Patna 2. Patna Municipal Corporation, through its Chief Executive Officer, Patna Municipal Corporation, Budh Marg, P.S. Kotwali, Patna 3. The Chief Executive Officer, Patna Municipal Corporation, Budh Marg, P.S. Kotwali, Patna 4. The Deputy Chief Executive Officer, Patna Municipal Corporation, Budh Marg, P.S. Kotwali, Patna 5. The Executive Officer, Bankipur Circle, Patna. Municipal Corporation 6. The Sanitary Inspector, Patna Municipal Corporation, Budh Marg, P.S. Kotwali, Patna …Respondents For the petitioner :Mrs. Sheela Sharma & :Mr. Shivendra Kr. Roy For the State :Mr. Rajeev Kr. Sinha, AC to AAG 15 For the PMC :Mr. Arun Kumar ----------- 06. 29.11.2011 Heard learned counsel for the petitioner, learned counsel for the Respondent-Patna Municipal Corporation (for short ‘the Corporation’), and learned A.C. to A.A.G. 15 for the State. Petitioner is the son of the deceased employee of the Corporation who died in harness. He has approached this Court raising a grievance that the application filed on his behalf for compassionate appointment has not been considered till date. It has been asserted that the matter was considered by the Establishment Committee of the Corporation on 17.6.2011 whereafter it was found that roster clearance 2 as per the circular of the Personnel and Administrative Reforms Department dated 5.10.1992 was necessary before proceeding further in the matter. The Corporation thereafter approached the Government. From Annexure-A to the counter affidavit filed on behalf of the respondent no. 1, it appears that the Government in the department of General Administration by a communication dated 20.7.2011 (part of Annexure-A series to the counter affidavit filed on behalf of respondent no.1) clarified the matter. On perusal of the aforesaid communication, it appears that the Patna Municipal Corporation was itself authorized to take appropriate decision in the matter of grant of appointment on compassionate ground formulating the roster point. Learned counsel for the Corporation submits that in the light of aforesaid clarification received by the Corporation, the matter is being pursued with respect to roster clearance. It is contended that on preparation of the roster point the matter concerning the claim of the petitioner shall be considered in accordance with law. Having heard the parties and on perusal of the materials on record, this Court is satisfied that present application be disposed of by the following order:- Let the Respondent-Patna Municipal 3 Corporation take appropriate action in terms of the communication of the Government dated 20.7.2011 (part of Annexure-A series to the counter affidavit) and consider the case of the petitioner in accordance with law within three months from the date of receipt/production of a copy of this order. hr ( Kishore K. Mandal )