IN THE HIGH COUR T OF JUDICATURE AT PATNA CWJC No.3736 of 2009 Karmbir Singh, son of late Uchit Narayan Singh, resident of village- Sagdaha, P.S. Khaira, District-Jamui, at present posted as peon at sono in the office of Block Extention Education Officer, within the District of Jamui. …..Petitioner. Versus 1. The State Of Bihar. 2. The Secretary, Primary Education Government of Bihar, Patna. 3. The Regional Deputy Director Education Munger. 4. The District Magistrate, Jamui. 5. The District Superintendent of Education, Jamui. 6. The Block Extetion Education Officer, Sono (Jamui). …Respondents. ----------- 02. 15.07.2011 Heard learned counsel for the petitioner and the State. The writ application was filed on 26.03.2009 after serving two copies in this office of the Advocate General. Nearly two and half years later no counter affidavit has been filed. Counsel for the State prays for further adjournment to file counter affidavit. The writ petition has been taken up today for the first time after its institution. This Court in C.W.J.C. No. 2946 of 2009 has more than adequately noticed the conduct of the respondents in considering it a vested right to seek adjournment on the first date when the matter is taken up irrespective of the time that may have passed from the filing of writ petition with no justification for not filing a counter affidavit. The Court declines the prayer more particularly in the nature of the claim made. The petitioner claims to have been appointed on compassionate appointment after demise of his father on 22.08.2007. He states that he has been representing for his salary ever since but has not been paid. 2 If what the petitioner contends is correct, he was found fit for compassionate appointments satisfied of the penury caused consequent to the death of his father. Salary was therefore an imperative need for which the respondents were also satisfied. What they gave to him by way of compassionate appointment has been withdrawn by them by denying salary. A compassionate appointment without salary is meaningless. The Court at this stage is not concerned with the correctness or otherwise of his claim. The respondents may have a justification. But the Court is concerned about the fact that the citizen has waiting before the Court since two and half years. Unfortunately the load of writ petitions did not enable the court to take up the writ petition. It was the duty of the State to assist the court in timely dispensation of justice by filing counter affidavit within reasonable time. Today the petitioner seeks relief. The Court is willing to hear the matter. The functionaries of the State ensure that he is denied justice. The Secretary, Primary Education, Government of Bihar Patna is directed to examine the grievances of the petitioner and pass an appropriate reasoned and speaking order after giving him a personal hearing within a maximum period of four weeks from the date of receipt/production of a copy of this order before him. No material to his prejudice can be taken into consideration unless the petitioner is made aware of the same with an opportunity for reply to the same. If the Secretary finds justification in the claim or in any part of the claim he shall ensure that the legitimate dues of the petitioner 3 are paid within the same period. It is expected that the petitioner shall not be forced to approach the court again for implementation of the order. The application stands disposed. Devendra ( Navin Sinha,J.)