IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1796 of 2007 Vijay Kumar, son of Adya Singh, resident of Village Kaiyar, P.O. Kaiyar, P.S. Sikandra, District Jamui. --------- Petitioner Versus 1. The State of Bihar. 2. The District Magistrate, Jamui, Bihar. 3. The Superintendent of Police, Jamui, Bihar. 4. The Officer-in-Charge, Sikandra, Jamui, Bihar. ------- Respondents ----------- 3 28.03.2011 Heard learned counsel for the parties. Though a prayer for adjournment was made by the advocate on record, he could not deny this aspect that the petitioner’s father had been made to superannuate on 31.12.2003 and he had died on 11.2.2004. If that be so, the petitioner’s father did not die in harness and, therefore, the petitioner cannot claim for appointment on compassionate ground. Counsel for the petitioner, however, had referred to certain documents to show that the father of the petitioner ought to have retired on 16.11.2006 as per the entry made in the service record including in the application for opening C.P.F. account and, therefore, the petitioner cannot be denied 2 appointment on compassionate ground on the basis of illegal retirement of the father of the petitioner. The issue according to this Court which really first have to be decided is as to whether the superannuation effected of the father of the petitioner with effect from 31.12.2003 was justified on fact or in law. No prayer has been made by the petitioner in this writ application to that extent and, in fact, this writ application confined to the prayer for his appointment on compassionate ground only cannot be expanded for now adjudicated as to the justifiable date of retirement of the father of the petitioner. Faced with this situation, learned counsel for the petitioner seeks permission to withdraw this application in order to institute appropriate proceeding for determination of correct age of superannuation of the father of the petitioner with a liberty to also raise the issue of compassionate appointment in case it is held that the father of the petitioner ought to have superannuated on 16.11.2006. 3 This writ application is accordingly permitted to be withdrawn with the aforementioned liberty. Rsh (Mihir Kumar Jha, J.)