IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5545 of 2008 YOGENDRA RAM, son of Ramashish Ram, resident of village Jhunapur, P.O. Bindushar Bujurg, P.S. Mahadeva OP District Siwan … Petitioner Versus 1. THE STATE OF BIHAR 2. The District Collector, Siwan 3. The Superintendent of Police, Siwan 4. District Compassionate Committee, Siwan … Respondents ----------- 2. 21.4.2011 Heard counsel for the petitioner and the counsel for the State. The prayer in this writ application is for a direction to the respondents to consider the case of the petitioner for his appointment on compassionate ground. Counsel for the petitioner would submit that the father of the petitioner was last seen in the month of December, 1996 whereafter he went missing and nothing was heard from him and as such, the petitioner after presumption of death of his father after a period of seven years in terms of section 108 of the Evidence Act would be entitled for consideration for appointment on compassionate ground. The said submission can have no exception in law but then the fact of this case is otherwise. Here in this case first 2 of all from the identity card issued by the competent authority in the year 1998 it would appear that the petitioner was already working as a Chowkidar in village Jhunapur in Bihar Village Police, Siwan. From Annexures 3 and 4, the two applications of the mother of the petitioner, it appears that even the younger brother of the petitioner, namely, Dablu was earlier working as an Awaji Chowkidar in the month of October, 1997 and he had sustained certain injuries in course of performing duty of the said post of Chowkidar. It thus becomes clear that after the father of the petitioner went missing in December, 1996 the family was provided with some sort of employment by engaging the petitioner and his brother as Chowkidar/ Awaji Chowkidar. The claim for compassionate appointment now being projected on the ground that despite such engagement the petitioner was not being paid salary would not make out a case for fresh consideration of appointment, inasmuch as whatever was to be offered to the family of the deceased Chowkidar was already extended by way of 3 engaging the petitioner and/or his brother. If the petitioner or his brother had any grievance with regard to non-payment of wages or regularization of his service that could have been specifically raised but in no event now this Court can issue a direction for considering the case of the petitioner for appointment on compassionate ground, especially when the Government has laid down the detailed procedure for appointment on compassionate ground in case of a missing person. That being so, this application is wholly misconceived and is, accordingly, dismissed. (Mihir Kumar Jha,J.) Surendra/