IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6727 of 2008 PAWAN KUMAR SON OF LATE BISHNUDEO THAKUR, R/O VILLAGE BRAMHOTTRA PANDAUL, ANCHAL, P.O. & P.S. PANDAUL, DISTRICT MADHUBANI………..PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER- CUM-SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT, GOVT. OF BIHAR, OLD SECRETARIAT, PATNA-1 2. THE DIRECTOR, DEPARTMENT OF PANCHAYATI RAJ, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 3. THE CHAIRMAN, ZILA PARISHAD, MADHUBANI 4. THE DEPUTY DEVELOPMENT COMMISSIONER-CUM-CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, MADHUBANI……………………………..RESPONDENTS. For the petitioner : Mr. Prem Kumar Jha, Advocate. For the State : Mr. Rana Ishwar Chandra, AC to GP.13 For the Zila Parishad : Mr. Shabbir Ahmad, Advocate. ----------- 02/ 11.10.2010 Heard learned counsel for the petitioner and learned counsel for the State of Bihar and its authorities as well as learned counsel for Zila Parishad, Madhubani and its authorities. This writ petition has been filed by the petitioner for directing the Chairman, Zila Parishad, Madhubani and the Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Madhubani (respondent nos.3 and 4) to consider the appointment of petitioner on the vacant post of Class-III in the office of Zila Parishad, Madhubani on compassionate ground in place of his father, who died on 15.06.2004 in harness while working as Head Assistant. From the statements made in the writ petition, it transpires that the petitioner had filed a representation for compassionate appointment as far back as in the month of - 2 - September, 2004 itself and when no heed was paid by the authorities concerned to the said application, the petitioner again filed a representation in the prescribed form on 30.06.2006 and 03.10.2007 (Annexure-6 and 7). In the meantime, petitioner had also filed the affidavits of his mother and brothers. Learned counsel for the petitioner has also relied upon the decision of the State Government widely circulated in the year 2007-08 in local newspapers directing the authorities not to delay the process of appointment on compassionate ground. In this connection reference is made to Memo No.3109 dated 19/24.06.2008 issued by the Department of Panchayati Raj, Government of Bihar to all Chief Executive Officers of Zila Parishad in the State of Bihar. Learned counsel for the petitioner further submits that vacancies still exist in Zila Parishad but the petitioner is deprived, although the matter is pending for long six years. In the aforesaid facts and circumstances, this writ petition is disposed of with a direction to the Chairman as well as the Deputy Development Commissioner-cum-Chief Executive Officer of Zila Parishad, Madhubani to pass appropriate orders and take required steps in this connection within two months from the date of receipt of a copy of this order, which must be produced by the petitioner before the Chairman, Zila Parishad, Madhubani within one month from today. Harish (S.N. Hussain, J.)