IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1146 of 2007 LALBABU KUMAR MANJHI, S/O LATE LAXMAN, R/O MOHALLA-YARPUR MUSAHARI, P.S.-GARDANIBAGH, P.O.-G.P.O., DISTRICT-PATNA. ………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY URBAN DEVELOPMENT, BIHAR, PATNA. 2. THE PATNA MUNICIPAL CORPORATION, THROUGH THE COMMISSIONER-CUM-CHIEF EXECUTIVE OFFICER, PATNA, BUDH MARG, PATNA. ……………RESPONDENTS. ----------- 3 23.07.2010 In the application for his compassionate appointment, as contained in Annexure-2, the petitioner has put his L.T.I. Although, no counter affidavit has been filed to show that the application of the petitioner has been considered by now by the Corporation and rejected, it is submitted by learned counsel for the Corporation that, as per his own pleadings in paragraph 5, the petitioner was illiterate. Hence, the petitioner was not eligible for appointment. Learned counsel for the petitioner submits that at the time of his application, petitioner was studying in class-VII and due to injury in his hand he could not sign his application and put his L.T.I. He submits that by now during the last five years petitioner may have passed class-VIII and, therefore, he may become eligible for 2 appointment on a class-IV post. Since there is nothing on record to show that the application of the petitioner has already been rejected, the petitioner is given liberty to produce evidence before the Commissioner-cum-Executive Officer of the Patna Municipal Corporation to show that during this period the petitioner has passed class-VIII. If the petitioner produces such evidence before the respondent Commissioner, the Commissioner will process the application of the petitioner, along with such evidence, for his compassionate appointment in accordance with law and ensure consideration of the same, and final order shall be passed preferably within a period of three months from the date of receipt/production of a copy of this order. The writ application is disposed of with the aforesaid observations and directions. Arvind/ ( J. N. Singh, J.)