IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10525 of 2009 PRAVEEN KUMAR JHA Versus THE STATE OF BIHAR & ORS ----------- 2 6.10.2009 Heard Counsel for the petitioner and the counsel appearing for the State. Petitioner has filed this application for quashing the order issued by the District Magistrate, Sharsa in capacity of the Chairman of the District Compassionate Appointment Committee, rejecting the claim of the petitioner for his appointment on compassionate ground on account of death of his mother, namely, Saroj Jha, who was working on the post of Headmistress in Middle School, Jhapra Tola, Saharsa. Petitioner’s case is that his mother died in harness on 18.5.2004 due to cancer. His father is also in government job but there was no existing relationship of husband and wife in between the mother and father of the petitioner. They were living separately, and as such even though the father is in government job, that will have no effect so far claim of petitioner’s compassionate appointment is concerned, as he was totally dependent on his mother. On perusal of the impugned order, I find that the ground for rejecting the petitioner’s claim is that his father is also in government job and in this circumstances compassionate appointment cannot be made. However, counsel for the petitioner has submitted that after passing of the impugned order he has filed a representation before the District Magistrate, which is still pending for consideration. If that - 2 - is so, petitioner may pursue his representation and that be disposed of by the District Magistrate Saharsa. So far, the merit of the case is concerned, I do not find any merit in this application. The application thus stands disposed of. (Mridula Mishra,J.) A.Kumar