IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11928 of 2006 SHEOJI PRASAD SINGH @ SHEOJI SINGH, son of Late Ram Swaroop Singh, resident of Village- Bhoraha, P.O. Brahmpur, P.S. Simri Bakhtiyarpur, District- Saharsa. . . . . . . Petitioner. Versus 1. THE STATE OF BIHAR 2. The Secretary, Personnel and Administrative Reforms Department, Government of Bihar, Patna. 3. The District Magistrate, Saharsa-cum-Chairman, District Compassionate Committee, Saharsa. 4. The District Settlement Officer, Saharsa, District- Saharsa 5. The Assistant Settlement Officer, Saharsa, District- Saharsa. . . . . . . Respondents. ----------- 3/ 11.12.2009 Heard learned counsel for the petitioner and the State. In the instant writ application, the petitioner has prayed for quashing the order dated 11.05.2006 passed by respondent no.5, Assistant Settlement Officer, Saharsa whereby he has communicated that his application for appointment on compassionate ground dated 22.03.2005 has been rejected by the District Compassionate Committee in its meeting dated 17.03.2006 and 22.03.2006. It would appear that the District Compassionate Committee had rejected application mainly on the basis that the same was filed beyond time. It would be relevant to observe here that this Court vide order dated 01.12.2004 passed in C.W.J.C. No. 12844 of 2003 had directed the District Magistrate-cum- Chairman District Compassionate Appointment Committee to consider the claim of the petitioner for compassionate appointment and clearly held that “ non- filing or non-availability of the application should not be a ground for denial of compassionate appointment”. This Court further directed that a fresh application should be taken and considered. In spite of the aforesaid order, the District Compassionate Committee rejected the - 2 - application of the petitioner on the same old ground. This Court taking serious note of the matter vide its order dated 22.04.2009 sought explanation as to under what circumstances the earlier order of this Court has been violated by the District Compassionate Appointment Committee and why a proceeding for Contempt should not be initiated. Learned counsel for the respondents has drawn my attention to Annexure-C, which is a communication dated 09.05.2009 by Collector-cum-Settlement Officer, Saharsa communicating the decision of the Compassionate Appointment Committee to Director Survey and Settlement Officer to appoint petitioner on compassionate ground. Learned counsel for the petitioner submits that he is not aware whether any appointment letter has been issued up till now or not. In view of the subsequent development communicated vide Annexure C, this Court drops the contempt notice but directs the Director Land Survey and Settlement to issue appointment letter to the petitioner in view of recommendation of Establishment Committee (Annexure-C) within a period of two months, if at all has not been sent. With the aforesaid direction, this writ application is disposed of. Uday/ (Samarendra Pratap Singh, J.)