IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14071 of 2009 1. NEELAM DEVI W/O LATE SUBODH KUMAR RAY VILL.- PIRAKPUR, P.O. JAHANERPUR KOTHIA, P.S. KHANPUR, DISTT.- SAMASTIPUR 2. NAVEEN JHA ADOPTED SON OF LATE SUBODH KUMAR RAY VILL.- PIRAKPUR, P.O.- JAHANGIRPUR KOTHIA, P.S. KHANPUR, DISTT.- SAMASTIPUR Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE-CUM-CHAIRMAN DISTRICT COMPASSIONATE COMMITTEE, SAMASTIPUR 3. THE DIRECTOR GENERAL OF POLICE BIHAR, PATNA 4. THE DEPUTY INSPECTOR GENERAL OF POLICE BIHAR, PATNA 5. THE SUPERINTENDENT OF POLICE EASTERN CENTRAL RAILWAY, PATNA ----------- For the Petitioner:- Mr. Harish Kumar, Adv. Mr. Jitendra Kishore Verma, Adv. For the State:- S.C. 8 --------------------- 2. 6.11.2009 Heard learned counsel for the Petitioner and the State. The claim for compassionate appointment has been rejected on the ground under rules an adopted son was not eligible for consideration by order dated 13.5.2009. On record is the Government instruction dated 12.5.2005 in pursuance of a judgment of this Court in 1994(2) PLJR 536 that adopted son is also eligible to be considered. The present is a completely unwanted litigation generated by the State officials unmindful of the caution needed by them in exercising administrative powers affecting the rights of a citizen. An order passed without responsibility only leads to litigation which the State official fights at the State expense wsting public exchequer money also. A little caution on their behalf might perhaps save 2 much unwanted burden of litigation before this Court. The writ application is allowed. The respondents are directed to consider the case of the petitioner for compassionate appointment in accordance with law. The order dated 13.5.2009 stands set aside. The writ application stands allowed. P. Kumar (Navin Sinha, J.)