IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9838 of 2009 JAGDISH RAY, SON OF LATE RAMJEE ROY, RESIDENT OF VILLAGE JAMALPUR, POLICE STATION GAURI CHAK(FATUHA), DISTRICT PATNA----PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DIRECTOR GENERAL-CUM-INSPECTOR GENERAL OF POLICE, BIHAR, PATNA. 3. THE DEPUTY INSPECTOR GENERAL OF POLICE(PERSONNEL), BIHAR, PATNA. 4. THE SUPERINTENDENT OF POLICE, AURANGABAD. 5. THE DISTRICT COMPASSIONATE COMMITTEE THROUGH ITS CHAIRMAN, THE DISTRICT MAGISTRATE, AURANGABAD---RESPONDENTS. ----------- 02. 18.08.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner is the son of late Ramjee Roy, who died on 7.12.2007 while serving as Havildar with the District Police, Aurangabad. After the death of his father petitioner applied for grant of compassionate appointment. His case was recommended for such appointment by the Compassionate Appointment Committee for appointment on the post of constable but he has not been so appointed as he was over age for the post of constable. Petitioner may be over age for appointment on the post of constable, his case be considered for appointment on any other Class-IV/III post in the police department. 3. Let the authorities of the police department consider the case of the petitioner for appointment on Class-IV/III post for which he is qualified as early as possible, in any case within three months from the date of receipt/production of a copy of this order. While considering the case of the petitioner, the authorities will go by the age of the petitioner on the date of death of the service holder and not by his present age. 4. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)