IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13562 of 2009 1. VIKASH KUMAR S/O LATE KANHAIYA SINGH MOH.- CHAWAR TAKIYA, WARD NO. 9, SASARAM, DISTT.- ROHTAS Versus 1. THE STATE OF BIHAR THROUGH SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPT., BIHAR, PATNA 2. THE DISTRICT MAGISTRATE ROHTAS, DISTT.- ROHTAS 3. THE DISTRICT SUPERINTENDENT OF EDUCATION ROHTAS AT SASARAM, DISTT.- ROHTAS 4. THE DISTRICT MAGISTRATE-CUM-CHAIRMAN DISTRICT COMPASSIONATE COMMITTEE, ROHTAS AT SASARAM, DISTT.- ROHTAS ----------- 2 18.1.2010 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner is the son of late Kanhaiya Singh, who died in harness on 10.7.2002, while working as Teacher in Middle School, Bahuara, under Shivsagar Block. Petitioner being the eldest son of Late Kanhaiya Singh filed an application for his compassionate appointment, duly forwarded by the Incharge Headmaster to the District Superintendent of Education, Rohtas for his compassionate appointment. His case was that though his mother Smt. Rajbarti Devi is also working on the post of Assistant Teacher in Rajkiya Madhya Vidlayay, Sasaram, there is no one to look after his family, after the death of his father, as his mother was living separately from his father since 1997. In this regard a separation deed had also been executed by Kanhaiya 2 Singh and Rajbarti Devi on 16.4.2002. The District Superintendent of Education vide order contained in letter no. 1160 dated 8.6.2004 has rejected the claim of the petitioner for compassionate appointment on the ground that mother of petitioner is in Government service, as such as per the Rule, he is not entitled for compassionate appointment. Counsel for the petitioner submits that simply because petitioner’s mother was in Government job, his claim for compassionate appointment could not have been rejected as she was not looking after the family. Her earning was not being spent for maintenance of the family, as such in the light of the decision reported in the case of Anil Kumar Vs. State of Bihar & ors. (2007(4) PLJR 511), petitioner is entitled for compassionate appointment. This matter is being disposed of directing the District Superintendent of Education, Rohtas at Sasaram to inquire into the matter, whether there was separation in between Kanhaiya Singh and his wife Rajbarti Devi or this issue has been raised, just to get compassionate appointment by the petitioner. Such inquiry must be conducted and completed within six months from the date of production/communication of this order. In case inquiry report is in favour of the 3 petitioner, he should be given benefit of compassionate appointment, in accordance with law. This application is disposed of. (Mridula Mishra,J.) A.Kumar