IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1281 of 2007 DINESH KUMAR MEHTA, SON OF LATE SHAMBHU DAYAL MAHTO RESIDENT OF MOHALLA BICHALI MANDIRI, P.S. BUDHA COLONY, DISTRICT PATNA. Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, DEPARTMENT OF WATER RESOURCES, GOVERNNEMT OF BIHAR, PATNA. 3. THE CHIEF ENGINEER, WATER RESOURCES(IRRIGATION) DEPARTMENT, PATNA. 4. THE EXECUTIVE ENGINEER, GANGA SONE FLOOD SECURITY DIVISION, DIGHA, PATNA-11, P.S. DIGHA, DISTRICT PATNA. 5. THE DISTRICT MAGISTRATE, PATNA, CUM CHAIRMAN DISTRICT COMPASSIONATE COMMITTEE, PATNA. 6. SURENDRA KUMAR MEHTA SON OF LATE SHAMBHU DAYAL MAHTO, R/O MOHALLA BICHALI MANDIRI, P.S. BUDHA COLONY DISTRICT PATNA. ----------- 03. 26.07.2011 Heard learned counsel for the petitioner and the State. None appears for respondent no.7 in spite service of notice on him. 2. Petitioner was applicant for appointment on compassionate ground in lieu of the death of his father in harness. It appears case of the petitioner for appointment on compassionate ground was considered by the Compassionate Appointment Committee and the proceeding was sent to the Appointing Authority i.e. Chief Engineer, Water Resources Department under letter no.2202 dated 18.09.2003, Annexure-8, wherefrom it appears that the case of the petitioner was considered at serial no.28 and his case was not recommended for appointment, as his own elder brother has disputed the candidature of the petitioner for such appointment on the ground that he being the elder brother should have been provided with 2 such appointment. 3. In view of the dispute between the two brothers as to who should be given compassionate appointment, I am not inclined to proceed any further with this matter, but I may note that father of the petitioner died on 20.3.2002 while serving in the office of Ganga Sone Flood Security Division, Digha, Patna. Family of the deceased employee has survived after the death of the bread winner for more than eight years even without grant of any compassionate appointment. Accordingly, the writ petition for grant of compassionate appointment has no merit. Application is dismissed. Rajesh/ ( V.N. Sinha, J.)