IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8633 of 2006 Kusheshwar Kumar Dinkar, son of Late Deo Nandan Prasad Yadav, Resident of village-Saidpur, P.O. Saidpur, P.S. Mansi, Dist. Khagaria, at present resident of village- Chaklahuran, P.O.& P.S.Mehsi, Dist. East Champaran, Motihari ………………. Petitioner Versus 1. The State of Bihar 2. Director of Primary Education, Govt. of Bihar, Patna 3. Regional Deputy Director, Education, Muzaffarpur Division, Muzaffarpur 4. The Commissioner cum- Secretary, Human Resources Development Department, Govt. of Bihar, New Secretariat, Patna 5. District Compassionate appointment Committee through its Chairman- cum-District Collector, Motihari, East Champaran 6. The District Superintendent of Education, East Champaran, Motihari 7. The Area Education Officer, Chakia, East Champaran, Motihari 8. The Head Master, Rajkiya Middle School, Bakhri Anchal- Mehsi, Dist. East Champaran, Motihari 9. Sushila Devi, wife of late Deo Nandan Pd. Yadav, Resident of village Saidpur, P.O. Saidpur, P.S.Mansi, Dist. Khagaria…… Respondents ----------- For the petitioner:- Mr. Dhurendra Kumar, Advocate For Resp. No.9: Mr. Virendra Kumar, Advocate For the State: Mr. Shaishav Kumar, AC to GP 2 ----------- 5. 22.04.2009 Heard learned counsels for the parties. The petitioner seeks direction upon the respondents to consider his case for appointment on compassionate ground. The case of the petitioner is that his father was an Assistant Teacher in a government school and had died while still in service on 28.7.2004. Thereafter, the petitioner filed his application for appointment on compassionate ground. It is admitted by the petitioner that his father had two wives and he is the son of the first wife who had died much earlier during the life time of his father. The second wife of the deceased employee is Sushila Devi, respondent no.9 who has not supported the case of the petitioner and is rather claiming appointment on compassionate ground in favour of her son, 2 Hemant Kumar Dinkar. In the counter affidavit filed on behalf of the State the stand taken is that the application of the petitioner for appointment on compassionate ground is yet to be decided by the District Compassionate Committee at its meeting which is to be held shortly. Although the counter affidavit was sworn on 11.9.2006 but it is stated by learned counsel for the State that no decision has been taken yet. In view of the above stand, the writ application is disposed of with a direction to the District Compassionate Committee to consider the case of the petitioner as also the son of respondent no. 9 regarding compassionate appointment upon the death of deceased employee, Deo Nandan Prasad Yadav and decide the claims of the parties in accordance with law within a period of three months from the date of receipt/production of a copy of this order. S.Pandey (Ramesh Kumar Datta, J.)