IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16385 of 2004 GAUTAM KUMAR @ GAUTAM KR.RAM, S/O LATE KAILASH RAM, R/O MOHALLA-WARD NO. 10, PURANI CHACK NEAR SADAR HOSPITAL, P.S. AND DISTRICT-GOPALGANJ. ………………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. DISTRICT COMPASSIONATE COMMITTEE THROUGH CHAIRMAN DISTRICT MAGISTRATE GOPALGANJ, P.S. AND DISTRICT-GOPALGANJ. 3. DISTRICT MAGISTRATE, GOPALGANJ. 4. CHIEF MALEIA OFFICER, BIHAR, PATNA, P.S.- SACHIWALAY THANA, DISTRICT-PATNA. 5. DISTRICT MALERIA OFFICER, GOPALGANJ, P.S. AND DISTRICT-GOPALGANJ. ……………………RESPONDENTS. ----------- 5 03.08.2009 In this writ application the petitioner has prayed for a direction to the respondents to dispose of his second application for compassionate appointment. Learned counsel for the petitioner points out that his first application was earlier rejected by the authorities on the ground that his mother, namely, Sudama Devi was in Government service. He submits that thereafter the petitioner filed succession case, and the court of learned Sub-Judge-I, Gopalganj by order dated 29.7.2004, as contained in Annexure-7, allowed the same by issuing succession certificate in his favour. He submits that it was established before the learned court that Sudama Devi was his step-mother and he was son of the first wife, namely, Suganti Devi, of the deceased Government employee. After issue - 2 - of the succession certificate petitioner has again applied for his appointment on compassionate ground vide Annexure-8. He submits that the authorities may be directed to consider the application and the succession certificate and pass appropriate orders in the matter in accordance with law. A counter affidavit has been filed in the case. It is stated in the counter affidavit that in the light of declaration made by Sudama Devi on affidavit, it is clear that the petitioner is her son and she being is in service, petitioner is not eligible for his appointment on compassionate ground under the law. It appears that the said succession certificate was not available with the authorities at the time when the application was earlier rejected. In the circumstances, it would be appropriate that the matter be remitted back to the authorities for consideration in the light of later developments. While considering the application of the petitioner the authorities shall consider the succession certificate or any material which may become available to them for the purpose. Besides, they shall also examine the - 3 - application of the petitioner in accordance with law and in the light of the judicial pronouncements laying down guidelines in the matter of compassionate appointment. Final decision shall be taken in this regard by the authorities, either way, by a speaking order within three months from the date of receipt/production of a copy of this order. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim of the petitioner on the basis of succession certificate, which has to be examined by the authorities independently on its own merits and strictly in accordance with law. This writ application is accordingly disposed of with above observations and directions. Arvind/ (J. N. Singh, J.)