IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5128 of 2008 1.PUSHPA DEVI WIFE OF LATE NARESH PRASAD, RESIDENT OF VILLAGE- PANDUE, P.S. PARAS BIGHA, DISTRICT JEHANABAD 2. SAKET KUMAR SON OF LATE NARESH PRASAD, RESIDENT OF VILLAGE- PANDUE, P.S. PARAS BIGHA, DISTRICT JEHANABAD …………PETITIONERS Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR INDUSTRY DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3.THE JOINT DIRECTOR INDUSTRY DEPARTMENT, GOVERNMENT OF BIHAR,PATNA 4. THE GENERAL MANAGER, DISTRICT INDUSTRY CENTRE, GAYA …………..RESPONDENTS ----------- 2 19.1.2010 The petitioner no.1 is the wife of the deceased Naresh Prasad who died in harness while serving in District Industry Centre, Gaya on 25.9.1997. Petitioner no.2 is the son of petitioner no.1. The husband of petitioner no.1 was appointed in the District Industry Centre, Gaya on 19.1.1973 on the post of Peon. At the relevant time the District Industry Centre , Gaya was managed by Gram Nirman Mandal Sokhodebra, Nawada. The Centre and the State Government used to make required fund available. He was promoted on the post of Stenographer w.e.f. 31.3.1977. The State Government vide notification no.1346, dated 28.2.1994 took over the District Industry Centre, Gaya and Muzaffarpur. In view of the notification, the petitioner no.1 filed an application for her appointment on compassionate ground before the General Manager, District Industry Centre, Gaya on 29.10.1997. However, the said application was not considered by the authority concerned on the ground that husband of petitioner no.1 was not a government employee. 2 It is relevant to state that many employees of DIC, Gaya and Muzaffarpur filed writ applications in the High Court for treating them as Government employee vide C.W.J.C.Nos.1410/1994, 3066/1994 and 3712 of 1994. The Hon’ble Court vide order dated 13.3.1997 disposed of those writ petitions with a direction to treat all employees of the District Industry Centre, Gay and Muzaffarpur as government employee and in pursuance of the order of this court the respondent no.1, the Director Industries Centre, Government of Bihar vide his memo no.565 dated 3.3.2003, contained in Annexure-1, directed that all the employees working in the two industry centres have been accepted as a government employees. The petitioner no.1 in light of the aforesaid notification contained in memo no.565 dated 3.3.2003 filed another application for her appointment on compassionate ground before the respondent no.4, who in turn forwarded the application vide his memo no.219, dated 9.7.2004 for appointment on compassionate ground. Learned counsel submits that the application of petitioner no.1 was rejected, as she did not have the minimum qualification. He submits that after issuance of Annexure-1, the petitioner no.2 applied for compassionate appointment as the application for appointment of his mother was rejected. The application of petitioner no.2 was also rejected on 30.10.2007 vide Annexure-3, being time barred. Counsel for the State submits that the application of the petitioner no.2 was not considered as he applied for appointment on compassionate ground on 24.8.2007. It is not disputed that petitioner no.1 had applied for 3 KHAN compassionate appointment on 29.10.1997 within one month from the date of death of her husband. The application of petitioner no.1 was kept pending till 2004, as there was uncertainty whether the deceased Naresh Prasad was a government employee or not. The petitioner no.2 applied for appointment on compassionate ground on 24.8.2007 after issuance of order of District Industries Centre, Government of Bihar on 3.3.2003. In view of the above, the respondent authorities would consider the application of petitioner no.2 for his appointment on compassionate ground on merit in accordance with law subject to his fulfilling the minimum educational qualification on the date of his application. With the aforesaid observations and directions, this application stands disposed of. (S.P.Singh,J)