IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2125 of 2011 Baijnath Rishideo SON OF LATE CHARITAR RISHIDEO RESIDNET OF VILLAGE BIRPUR LOKHRA, POKHARIA, P.S. SADAR (MUFASSIL) RANIPATRA, PURNEA. Versus 1. The State Of Bihar 2. THE EXECUTIVE ENGINEER, P.W.D. DEPARTMENT ROA DIVISION, PURNEA. ----------- 2 30/06/2011 Father of the petitioner was an employee of the Public Works Department, Road Division at Purnea. He died in harness sometime in the year 2005. When the petitioner as one of the legal heirs made an application for consideration of his claim for compassionate appointment, that claim seems to have been turned down or rejected in terms of letter no. 614 dated 29.04.2010 issued by the Executive Engineer, P.W.D. Road Division, Purnea on the ground that since there are no minors in the family to be taken care of, therefore, rule of compassionate appointment does not permit claim of the petitioner. The reasoning given by the Executive Engineer is absurd, not in conformity with the rules of such appointment and, obviously, the Executive Engineer does not know the circulars of the State on such issue. - 2 - Claim for compassionate appointment has to be offered to the legal heirs of the deceased employee looking at the distress which the family goes into due to loss of the earning member. Nowhere does the circular talk in terms of minors being available in the family who need to be taken care of by way of compassionate appointment. Idea is to provide immediate relief to the family by offering a job to an eligible person who can fill in the gap due to loss of the bread earner. Annexure-5, therefore, stands quashed. Matter is remanded back with a direction upon the Executive Engineer (respondent no. 2) that he will place the case of the petitioner before the District Compassionate Appointment Committee who will look into the matter whether the petitioner has a case for appointment under the compassionate head in terms of the circular. Let the same be done by the Executive Engineer within a period of three months from the date of production or communication of a copy of this order. The District Compassionate Appointment Committee will thereafter examine the claim of the petitioner in the very first meeting which shall be held in this regard and a decision - 3 - taken and communicated by them. This writ application stands allowed and annexure-5 quashed. AMIN/ (Ajay Kumar Tripathi, J.)