IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15084 of 2009 1. SANJEEV KUMAR S/O GULAB MALAKAR R/O MOHALLA- SHEOPURI RAMCHANDRAPUR, P.O.- BIHARSHARIF, P.S. LAHERI, DISTT.- NALANDA Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, INDUSTRIES DEPTT. GOVT. OF BIHAR, OLD SECRETARIAT, PATNA 3. THE DIRECTOR, HANDLOOM AND SERICULTURE DIRECTORATE BIHAR, PATNA 4. THE NIRMAN PRABANDHAK, CENTRAL PROCESSING PLANT BIHARSHARIF, NALANDA 5. THE MAHAPRABHANDHAK (GENERAL MANAGER) DISTRICT- INDUSTRIES CENTRE, NALANDA ----------- 2. 25.11.2009 Heard learned counsel for the petitioner and the State. The petitioner’s father died in harness on 22.3.2007. His claim for compassionate appointment has been rejected on 9.7.2009 citing the reason that his father was not working against a sanctioned post and it was a special appointment in view of Courts order when the post was co-terminus with the father of the petitioner. Learned counsel for the petitioner from the letter of appointment of his father dated 26.9.1998 at Annexure-2 submits that 20 posts were created in pursuance of an order of this Court and on which the father of the petitioner came to be appointed. Clause 3 of the letter of appointment states that he was absorbed as a permanent government servant. Learned counsel for the State prays for time to file counter affidavit. The Court does not consider that necessary to prolong litigation. 2 If the petitioner be right, the impugned order becomes non est. The writ application is disposed with direction to respondent no. 3 to pass fresh, reasoned and speaking order disclosing full application of mind to the issues aforesaid and other necessary materials with regard to the appointment of the father of the petitioner within a maximum period of four weeks from the date of receipt/production of a copy of this order so that should the need arise, judicial review of the order of respondent no. 3 shall be facilitated. The order dated 9.7.2009 is set aside. The writ application stands allowed. P. Kumar (Navin Sinha, J.)