IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3352 of 2010 1. ABHIRANJAN KUMAR ADOPTED S/O LATE MAHESH SHARMA R/O VILL.- HARDIA, P.S.- MEHANDIA, DISTT.- ARWAL (BIHAR)------- -----------------------------PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY DEPTT. OF HUMAN RESOURCES, GOVT. OF BIHAR, PATNA 2. THE DIRECTOR DEPTT. OF PRIMARY EDUCATION, GOVT. OF BIHAR 3. THE DISTRICT MAGISTRATE-CUM-CHAIRMAN DISTRICT COMPASSIONATE COMMITTEE, JEHANABAD (BIHAR) 4. THE DISTRICT SUPERINTENDENT OF EDUCATION JEHANABAD (BIHAR) ------------------------------RESPONDENTS. ----------- 2 13.12.2010 Heard learned counsel for the parties. Reason for rejection of the claim of the petitioner for appointment in compassionate category is because he is said to be the adopted son of one Mahesh Sharma who died in harness. The decision of District Superintendent of Education, Jehanabad contained in annexure-4 states so in many words. It is this order which is under challenge in this writ application and the petitioner is seeking quashing of annexure-4. In this regard the petitioner has also brought on record a circular issued by the State of Bihar way back on 12.5.2005. No doubt earlier, an adopted son did not have right to claim for compassionate appointment till the law came to be laid down in CWJC No. 7529 of 2004 (Sanjay Kumar Singh vrs. The State of Bihar & others) and the subsequent decision of the Division Bench. Annexure-5 is the notification by which right has been given to adopted son/daughter to claim benefit of compassionate appointment and therefore the reason given by the District Superintendent of Education seems to be apparently in teeth of the government policy. Since the petitioner was applicant - 2 - of 2009 therefore the said policy of the State extending the benefit to the adopted son and daughter came into play even before the impugned decision. The District Superintendent of Education has not applied himself to the policy which has been amended by the State in the year 2005 vide annexure-5. In view of above, annexure-4 is quashed, matter is remitted back to the District Superintendent of Education to consider the matter afresh and take a decision on the issue in the light of annexure-5 preferably within a period of three months from the date of production or communication of a copy of this order. This writ application is allowed with the direction as above. RPS (Ajay Kumar Tripathi,J.)