IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.354 of 2011. - - - - - - - 1.The National Institute Of Technology Patna Through its Director, National Institute of Technology, Patna. 2 Director, National Institute of Technology, Patna . 3.The Registrar, National Institute of Technology, Patna ….Respondent … Appellants. Versus Bablu Kumar son of Late Beni Prasad, Resident of Mohalla East Lohanipur (Near Giri Apartment) P.S.Kadamkuan, District-Patna . … .. Petitioner.. Respondent. ----------- 2. 08.07.2011 Heard the parties. On behalf of appellants, a challenge has been made to the findings given by the writ court that sufficient number of posts are lying vacant for considering the case of the writ-petitioner for compassionate appointment. It has been argued on the basis of Annexure-1 that only the personnel and assets, both movable and immovable of the erstwhile Bihar College of Engineering were taken over by the National Institute of Technology, Patna which became a fully funded Institute of the Central Government and not the posts held by the personnel concerned. The writ court has not accepted this position and we are also not persuaded to accept the same. Another submission advanced on behalf of appellants is that since the claim of the writ petitioner was earlier rejected on the ground of non-availability of posts, during the reconsideration of his claim the appellants should have liberty to enquire into the relevant facts from the writ-petitioner about his family members and other economic condition so that the decision may be taken in accordance with law. Since the order of the writ court suffers from no illegality 2 and infirmity, we find no good reason to interfere with the same. So far other submission is concerned, we grant liberty to the appellants to take into consideration all the relevant facts and after necessary enquiry to decide the claim of the writ-petitioner, as per the directions of the writ court in accordance with law. The period for taking the final decision will stand extended by 2 months from to-day. The appeal is dismissed with the aforesaid observations. Jay/ (Shiva Kirti Singh,J) ( Shivaji Pandey,J.)