IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.935 of 2007 ---------- Kumar Devendra Dixit, son of Late Keshav Chandra Dixit and husband of Late Kumri Indu Mishra, resident of village Kilpur, P.O. Kabirpur, P.S. Nawatan, District- Siwan (Bihar) …………. Petitioner Versus 1.The State of Bihar 2.The Director, Primary Education, Department of Education, Govt. of Bihar, Patna 3.The Inspector of School-cum-Deputy Director of Education, Department of Education, Govt. of Bihar, Patna 4.The Regional Deputy Director of Education, Department of Education, Govt. of Bihar, Saran Division, Chapra 5.The Collector-cum-Chairman, District Level Compassionate Appointment Committee, Siwan, District- Siwan 6.The District Education Officer, Siwan, District- Siwan 7.The District Superintendent of Education, Siwan, District- Siwan 8.The Head Master, The Government Middle School, Kilpur, P.O. Kabirpir, P.S. Nawatan Block and Circle- Mairwa, District- Siwan ………. Respondents. ----------- For the Petitioner : Mr.Nityanand Mishra,Adv. For the State : None. ----------- 2. 09/07/2010 From Annexure-1, the proceeding of the District Compassionate Committee dated 12.2.2005, it appears that resolution was taken to recommend the name of the petitioner for his appointment on Class III post on compassionate grounds. Accordingly, the said recommendation was sent to the Regional Deputy Director of Education, Saran Division, Chapra, vide Annexure-3 with the - 2 - supplementary affidavit filed today. However, it appears that, by letter dated 25.11.2005 (Annexure-4 to the supplementary affidavit), the Regional Deputy Director of Education, Saran Division, Chapra returned the case of the petitioner to the Collector, Siwan, on the ground that the retrenched employees of non-formal education were to be absorbed on Class III posts and therefore, no post of Class III was available for the petitioner. Learned counsel for the petitioner submits that since then matter has remained pending and no final decision has been taken by the respondents in the matter of appointment of petitioner on compassionate ground in terms of the said resolution of the District Compassionate Committee. Writ application was filed in January, 2007. Till now, no counter affidavit has been filed on behalf of the respondents. Today, learned counsel for the State is also not present even to pray for time for taking instructions in the matter. Therefore, the writ application is allowed with a direction to the respondents - 3 - to take final decision and pass appropriate orders for appointment of petitioner in terms of the said resolution of the District Compassionate Committee within a period of one month from the date of receipt/ production of a copy of this order, if the said resolution of the Committee has not been rescinded or modified till now. Pradeep/ ( J. N. Singh, J.)