IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10852 of 2010 Rajesh Kumar Pathak, S/O Late Ramjee Pathak, R/O Village Post Aayar, P.S. Navanagar, District- Buxar. Versus 1. The State Of Bihar Through The Director Of Secondary Education, Buddh Marg, Patna,Bihar At Patna. 2. The District Magistrate, Buxar, District- Buxar. 3. The District Education Officer, Buxar, District- Buxar. 4. The District Superintendent Of Education, Buxar, District- Buxar. ---------- 2. 09.08.2011 Heard learned Counsel for the petitioner and the learned Counsel for the State. The father of the petitioner was deceased in harness on 22.6.2008.The petitioner applied for compassionate appointment which came to be considered and recommended by the District Compassionate Appointment Committee, Buxar on 2.3.2009. Notwithstanding the same the appointment still remaining elusive he has approached this Court. Learned Counsel for the petitioner submits from the counter affidavit of the respondents themselves, at Annexure ‘B’ that two vacancy exists on the post of Clerk as on 27.8.2009 on which the petitioner can be considered for appointment. Counsel for the State invites the attention of the Court to Annexure ‘E’ of the counter affidavit and submits that there is no vacancy. Annexure ‘E’ is dated 12.6.2009 and Annexure ‘B’ being subsequent in date shall prevail and therefore vacancy has to be considered in accordance with the latter. The present is not a case where the petitioner’s application for compassionate appointment was not being considered in absence of vacancy when the Court also could not have issued any direction for consideration and appointment. If the District Compassionate Appointment Committee met to consider the claims, there shall be a presumption of availability of vacancy. If there were no vacancy available, the question of the Committee meeting to consider claims did not arise. The candidate could simply have been informed that in absence of vacancy it was not possible to consider his claim. Now that the recommendation has been made in favour of the petitioner, let the Secretary, Department of Higher Education, consider the issue of implementation of the recommendation. Learned Counsel for the petitioner submits that even if vacancy is available in Class IV the petitioner is willing to be considered for the same. The Secretary shall keep that aspect in mind also. Let the final appropriate orders in this manner be passed within a maximum period of one month from the date of receipt and/or presentation of a copy of this order before the Secretary. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)