IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8518 of 2005 Md.Isteyazuddin Kha @ Imteyazuddin Kha, son of Late Md. Nezam Kha, Resident of Village-Brahbatra, P.S. Arrah Town, Dist. Bhojpur ---Petitioner Versus 1. The State Of Bihar 2. General/Divisional Manager, Bihar State Road Transport Corporation, Bihar, Patna. 3. Regional Manager, Jamshedpur, Bihar State Road Transport Corporation, Jharkhand. 4. Depo Superintendent, Agrioo Depo, Bihar State Road Transport Corporation, Jamshedpur, Jharkhand. ---Respondents. ---------------------------------- 06. 11.11.2011 Both sides present. Petitioner seeks a direction upon the officials of the Bihar State Road Transport Corporation (for short ‘Corporation’) to consider his case for appointment on any appropriate post on compassionate ground. It is the petitioner’s case that his father was serving the Corporation as Junior Foreman and died in harness on 25.09.2002. Immediately thereafter the petitioner, being the son of the deceased employee, made representation for consideration of his case for appointment on compassionate ground. Repeated representation(s) did not yield any response propelling him to approach this Court. A counter affidavit has been filed on behalf of the respondent-Corporation in which a stand has been taken that the financial condition of the Corporation is precarious inasmuch as it reached on the verge of closure but, on the intervention of the Hon’ble Supreme Court, a rehabilitation package scheme has been evolved and implemented w.e.f. 01.04.1998. The counter affidavit further states that the financial position of the Corporation has not improved much and as 2 such no appointment under compassionated ground has been made. Learned counsel for the petitioner submits that a stand has been taken in para 9 that as and when financial condition of the Corporation improves the case of appointment on compassionate grounds shall be taken up strictly in chronological order. Learned counsel submits that considering the aforesaid stand of the respondent- Corporation, this Court may dispose of the application in the terms in which CWJC No. 13004 of 2002 (Mahboob Alam & Anr. Vs. Managing Director, Bihar State Road Transport Corporation & Anr.) was disposed of by a Bench of this Court vide order dated 10.05.2004. On perusal of the aforesaid order, it appears that this Court considering the stand of the Corporation disposed of the application granting liberty to the petitioner to apply for consideration of his claim in accordance with law if the position of the Corporation improves and it starts earning profits. Learned counsel for the respondent has relied on a judgment since reported in (1996)4 SCC 560 ( Himachal Road Transport Corporation vs. Dinesh Kumar) in order to submit that if the employer reels under financial crunch then the Court should desist from passing order directing appointment on compassionate ground. Having heard the parties and on going through the pleadings on record, this Court is not inclined to allow the application. Accordingly, the application is dismissed but with the liberty aforesaid. Sym ( Kishore K. Mandal, J.)