IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11721 of 2006 Jitendra Kumar, son of late Chandra Kishore Mahto, Resident of village- Turkee, Post – Turkee, P.S. Kurhani, District- Muzaffarpur ………………… Petitioner Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Bihar, Patna 2. The Director, Secondary Education, Government of Bihar, New Secretariat, Patna 3. The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur 4. The Block Education Extension Officer, Kurhani (Muzaffarpur) District- Muzaffarpur …Respondents ----------- For the petitioner P: Mr. Phulen Yadav, Advocate For the State: Mr. Bijay Kumar Sinha, AC to GP VI ------------ 2. 8.4.2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks appointment on compassionate ground on the death of his father. The claim of the petitioner is that his father Late Chandra Kishore Mahto, who was an employee of Bihar Government in the Education Department on the post of Peon in the Office of Block Education Extension Officer, Kurhani, Muzaffarpur, died on 16.3.2005 in a road accident while he was on duty. From the material on the record it appears that the service of the father of the petitioner was terminated by memo 2 no. 849 dated 30.5.2001 on the ground that his appointment was illegal/irregular. The said order was challenged by the father of the petitioner in CWJC No. 9255/2001 which was ultimately disposed of by order dated 17.9.2008 by referring the case of the petitioner’s father to the Three-man Committee constituted to examine the cases of all persons who had been illegally/irregularly appointed in terms of the decision of the Apex Court in the case of Secretary, State of Karnatka Vs. Uma Devi: (2006) 4 SCC 1. Learned counsel for the petitioner informs that the Three-man Committee has also rejected the case of the father of the petitioner which he has challenged by filing a writ petition, being CWJC No. 3152/2010. In the aforesaid facts and circumstances, no positive direction can be given in favour of the petitioner for his appointment on compassionate ground. The writ application is accordingly dismissed. In case the petitioner succeeds in the aforesaid writ application filed by him, then it would be open to him to renew his claim for compassionate appointment before the respondent- authorities. S. Pandey (Ramesh Kumar Datta, J.) 3