IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9121 of 2009 RAHUL KUMAR CHOUBEY @RAHUL CHO Versus THE STATE OF BIHAR & ORS ----------- 3 15.10.2009 Heard Counsel for the petitioner and the Counsel appearing for the State. Counter affidavit has been filed on behalf of Respondent no.4 the District Education Officer, Buxar. Petitioner’s grievance is that after the death of his father in harness on 1.10.2007, he applied for his compassionate appointment on 19.4.2008. The Establishment Committee made recommendation for his appointment on class III post, but till date no appointment letter has been issued in his favour. Petitioner has made a specific statement that as per his knowledge appointment letter was ready for issuance in the month of October, 2008 itself but the Office of the District Education Officer is not issuing it for some reasons best known to the respondents. In the counter affidavit filed on behalf of Respondents it is stated that non-existence of vacancy in Class III post in unreserved category in the district is the reason behind non issuance of appointment letter. Since in the light of the direction of this Court in CWJC No. 8919 of 1999, only 50% vacancy can be filled through direct appointments and rest 50% by way of promotion from Class IV employees. Compassionate appointment can be made, only when there is vacancy against 50% posts available for direct appointment. There is no denial regarding recommendation for petitioner’s - 2 - compassionate appointment. This application is being disposed of directing the District Magistrate, Buxar as well as the District Education Officer, Buxar to issue appointment letter in favour of the petitioner within a period of two months from today against any available vacancy in Class III post (Clerk) in unreserved category, as very object for compassionate appointment is being defeated on account of delay. (Mridula Mishra,J.) A.Kumar