IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8496 of 2010 1. Birendra Prasad S/O Late Ganga Prasad Ravidas R/O Vill Mohanchak, P.S.Islampur, Distt-Nalanda Versus 1. The State Of Bihar , Through The Secretary-Cum-Commissioner, Revenue Department Bihar, Patna 2. The Commissioner-Cum-Secretary, Personal And Administrative Department Govt. Of Bihar, Patna 3. The District Magistrate Nalanda , Bihar 4. The District Compassionate Committee Through The Deputy Collector , District Establishement Nalanda 5. The Block Development Officer Bind, Nalanda ----------- For the Petitioner:- Mr. Rajendra Prasad Singh, Senior Adv. Mr. Priya Ranjan Singh, Adv. For the State:- Mr. Sudhir Kumar Singh, Adv. ------------- 3. 18.10.2011 Heard learned counsel for the petitioner and the State. The claim in the writ application is to be considered for compassionate appointment which has been rejected on 18.9.2009 on the ground that the elder brother of the petitioner was already in Government service. Counsel for the petitioner relies upon a similar order in C.W.J.C. No. 15600 of 2009. He further submits that apart from the instruction dated 18.2.1995 noticed in the same with regard to consideration of claims for compassionate appointment of the present nature, the respondents have issued a subsequent instruction on 1.9.2008. Counsel for the State submits that the facts of the present case are different in so much as 2 there is no assertion by the wife of the deceased that the elder son was not looking after her whereafter matters may be one of enquiry and as directed in C.W.J.C. No. 15600 of 2009. Every case has to be considered on its own facts. The distinction pointed out on behalf of the State is considered crucial by the Court. It is not possible for this Court to interfere as matters stand. Should the petitioner represent before respondent no. 3 appropriately, the claim may be considered by them in accordance with law preferably within a maximum period of four months from the date of receipt/production of a copy of such representation. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)