IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12706 of 2010 1. DINESH KUMAR SAH S/O LATE MAHENDRA SAH R/O BHERDHARI, WARD NO.37, SAHARSA, P.S. & DISTT.- SAHARSA 2. ARVIND KUMAR PASWAN S/O LATE KAMAL PASWAN R/O VILL.- MAHESHPUR, P.S. & DISTT.- SUPAUL 3. AMIT KUMAR SINGH S/O LATE ASHOK KUMAR SINGH R/O GULJARBAG, WARD NO.20, P.S. & DISTT.- MADHEPURA 4. SUBHANGINI KUMARI D/O LATE JAY PRAKASH YADAV R/O WARD NO.5, MADHEPURA, P.S. & DISTT.- MADHEPURA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY PERSONNEL AND ADMINISTRATIVE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DEPUTY SECRETARY, PERSONNEL AND ADMINISTRATIVE DEPARTMENT GOVERNMENT OF BIHAR, PATNA 4. THE SECRETARY, DEPARTMENT OF PANCHAYATI RAJ GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 5. THE DIRECTOR, DEPARTMENT OF PANCHAYATI RAJ GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 6. THE DISTRICT MAGISTRATE, MADHEPURA 7. THE DEPUTY DEVELOPMENT COMMISSIONER-CUM-CHIEF EXECUTIVE OFFICER ZILA PARISHAD, MADHEPURA 8. THE DEPUTY COLLECTOR, DISTRICT ESTABLISHMENT, MADHEPURA 9. THE ADDITIONAL CHIEF EXECUTIVE, ZILA PARISHAD, MADHEPURA For the petitioners : M/s Bipin Bihari Singh, Sunil Kumar Singh, Advocates. For the Zila Parishad : Mrs. Binita Singh, Advocate. For the State : GP-10, Advocate. ----------- 02. 23.08.2010 Heard learned counsel for the petitioners, the State as also counsel for the Zila parishad, Madhepura(hereinafter referred to as the Zila Parishad). 2. Petitioners are the dependents of the erstwhile employees of the Zila parishad who died while serving the Zila Parishad, such fact is stated in paragraphs-6 to 9 of the writ application. After the death of the breadwinner petitioners requested the authorities of the Zila Parishad to consider their case for appointment on compassionate ground. The case of the petitioners was referred to the District Compassionate Committee for consideration as in terms of the instruction of the State Government - 2 - appointment on compassionate ground in the Zila Parishad can only be made after necessary recommendation of the District Compassionate Committee. The committee did not take any decision in the case of the petitioners and asked the Zila Parishad to itself consider the case of the petitioners for appointment on compassionate ground. The authorities of the Zila Parishad are not making such appointment as till date the District Compassionate Committee has not considered the case of the petitioners for appointment on compassionate ground and petitioners are suffering in the absence of their breadwinner and have approached this Court for suitable direction. 3. Having heard counsel for the parties, I direct the District Compassionate Committee, Madhupura to consider the case of the petitioners in the light of the recommendation received from the Zila Parishad for appointment of the petitioners on compassionate ground as per the instruction of the State Government in accordance with law and make necessary recommendation to the Zila Parishad as early as possible, in any case within one month from the date of receipt of a copy of this order before the District Magistrate, Madhepura. The Deputy Development Commissioner-cum-Chief Executive Officer, Madhepura shall act in the light of the recommendation of the District Compassionate Committee in accordance with law as early as possible, in any case within one month from the date of its receipt. 4. The writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)