IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12013 of 2005 FULIYA DEVI Versus THE STATE OF BIHAR & ORS ----------- For the petitioner: Mr. Sanjay Kumar Singh,Advocate Mr. Sanjeet Kumar Tiwari,Advocate For the State: Mr. A.A.G.II 11. 22/12/2008 Heard learned counsel for the parties. The petitioner seeks direction upon the respondents to appoint her son on compassionate ground. The case of the petitioner is that her husband went missing from his office from 11.10.1999 and since then has not been seen or heard. It is stated that the petitioner applied before the authorities for payment of retiral dues of her husband and ultimately she also filed an application dated 30.10.2002 ( Annexure-4) before the respondent authorities to appoint her son on compassionate ground, but no action has been taken in this regard by the authorities. In the counter affidavit filed on behalf of the State- respondents the stand taken is that there is a proforma for filing application for appointment on compassionate ground but no such formal application has been filed on behalf of the petitioner. It is further stated that under the Government Circular with respect to compassionate appointment, no provision has been made for compassionate appointment of dependents of such Government servant, who is merely traceless. For the said reasons, it is asserted that the petitioner’s son is not entitled to compassionate appointment. Learned counsel for the petitioner relies upon a decision of this Court in the case of Md. Noor Alam Vs. The State of Bihar & 2 others and analogous cases reported in 2007 (4) PLJR 200, in which a large number of similar matters were disposed of by this Court with the direction to consider the case of the dependents of those Government servants, who have remained traceless for 7 years, for appointment on compassionate ground in terms of the decision taken by the State government in its Circular No.9739 dated 26.11.1997. In view of the aforesaid legal and factual position, the writ application is disposed of with a direction to the respondent- authorities to consider the case for compassionate appointment of the petitioner’s son in terms of the direction of this Court in the case of Md. Noor Alam (supra) provided a formal application in this regard is also submitted by the son of the petitioner within a period of three months from today and dispose of the matter within a further period of three months from the date of filing of the said application along with a copy of this order. VPS ( Ramesh Kumar Datta,J.)