IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10509 of 2007 RAMANANDAN KUMAR, son of late Ayodhya Paswan, resident of village Mastpura, P.O. Bagdaha, P.S. Bodh Gaya, District Gaya … Petitioner Versus 1. THE STATE OF BIHAR 2. The Secretary cum Commissioner, Deptt. of Animal Husbandry, Govt. of Bihar, Patna 3. The District Animal Husbandry Hospital, Gaya 4. The District Magistrate, Gaya 5. The Chairman, District Compassionate Appointment Committee, Gaya … Respondents ----------- 3. 26.4.2011 Heard counsel for the parties. Pursuant to the last order dated 11.4.2011 a counter affidavit has been filed alongwith proof showing payment of cost. From the perusal of the counter affidavit it becomes clear that there is a serious dispute amongst sons of the deceased employee as with regard to appointment on compassionate ground, inasmuch as the elder brother of the petitioner, Shivnandan Paswan, was himself an applicant and was pressing for his own compassionate appointment by virtue of his being eldest son. The respondents also have accordingly taken a plea that there has been a considerable delay in settlement of this dispute, inasmuch as the mother of the petitioner somehow is wavering in her stand 2 and was not filing her correct affidavit. In the considered opinion of this Court in a case of this nature the role of the mother, wife of the deceased, cannot be over emphasized. True it is that the wife of the deceased if she herself could have been an applicant for appointment on compassionate ground, she had to be given the first preference as per the Government policy but if she did not opt for her own appointment on compassionate ground, normally it will be the eldest son who will be entitled for being appointed on compassionate ground provided he is otherwise eligible for such appointment, namely, he is educationally qualified and his age is under prescribed limit etc. In the present case the eldest son of the deceased employee was around 28 years while the petitioner was aged about 18 years on the date of death of the deceased employee. The mother of the petitioner had backed the petitioner for appointment on compassionate ground by taking a plea that her eldest son was living separately. When she however was asked to bring on record any 3 documentary proof of there being family partition, she had failed to furnish the same. Obviously the family was somehow now trying to bargain in the matter of compassionate appointment and therefore, the delay caused in considering the case of the petitioner cannot be totally attributed to the respondents. In all fairness the respondents however, should have rejected the case of both the brothers by noticing the dispute and/or could have followed the settled principle of appointing the eldest son. Today, however, counsel for the petitioner would submit that the petitioner is prepared to support all the dependents of the deceased employee, his father and since there has been animosity and strained relationship between the eldest son Shivnandan Paswan on one hand and rest of the family including the petitioner and his mother on the other, the petitioner in order to be appointed on compassionate ground is also ready to pay 1/3rd of his monthly salary to his elder brother Shivnandan Paswan. The object of such appointment on 4 compassionate ground being one to provide immediate relief to the members of the family of the deceased employee, therefore, having not been fulfilled in a period of last seven years ever since the date of death of the deceased employee, this Court in the interest of justice would direct for appointment of the petitioner on compassionate ground, especially when the eldest son Shivnandan Paswan in this period has not approached this Court for his own appointment on compassionate ground. Taking, however, into account that Shivnandan Paswan was also unemployed and was an applicant for appointment on compassionate ground and now the petitioner himself has volunteered to pay 1/3rd of his salary for maintenance of Shivnandan Paswan and his family, this Court would dispose of this writ application by giving the following directions: (i) The District Compassionate Appointment Committee on the basis of affidavit of the mother and other family members to exclusion of Shivnandan Paswan will take a decision in respect of claim of the petitioner for appointment on 5 compassionate ground and if he would otherwise fulfil all other requisite conditions as laid down in the Government policy the Committee headed by the Collector of Gaya district would also recommend for his appointment within a period of one month from today. (ii) If there is a favourable recommendation in favour of the petitioner the competent appointing authority of Animal Husbandry Department, wherein the father of the petitioner was working, would issue an appointment letter of the petitioner within next one month from the date of receipt of the recommendation of the Committee. (iii) The Drawing and Disbursing Officer authorized and empowered to pay salary of the petitioner would deduct 1/3rd of his monthly salary and this amount will be deposited in a Bank account to be opened by Shivnandan Paswan on month to month basis. Such arrangement shall continue till Shivnandan Paswan gets employment in Government service or himself voluntarily gives up his claim of being maintained by the petitioner in capacity of the dependent 6 of Late Ayodhya Paswan, his father. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/