IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12985 of 2007 1. Jano Devi, wife of late Nokha Lal, resident of Village Khajuri, P.S. Madhubani, District Madhubani. 2. Suresh Kumar Singh, son of late Nokha Lal, resident of Village Khajuri, P.S. Madhubani, District Madhubani. --------- Petitioner Versus 1. The State Of Bihar. 2. The Secretary, Department of Irrigation, Govt. of Bihar, Patna. 3. The Engineer-in-Chief-cum-Special Secretary, Department of Irrigation, Government of Bihar, Patna. 4. The Superintending Engineer, Department of Irrigation and Rural Development, Darbhanga Circle, Darbhanga. 5. The Executive Engineer, Department of Rural Development Pramandal, Mudhubani, Koshi Project, Camp Rahika, District Madhubani. --------- Respondents ----------- 2 11.4.2011 Having heard learned counsel for the parties and taking into account that there is a serious dispute with regard to the claim of appointment on compassionate ground of the deceased employee, late Nokha Lal, this Court would not find any error in the decision taken by the respondents for directing all such heirs and legal representatives to obtain succession certificate. In this context, it would be relevant to notice paragraph nos. 9 & 10 of the counter affidavit, which despite being served on the counsel for the petitioner, have not been controverted. Paragraph nos. 9 & 10 of the counter affidavit reads as follows: “9. That in view of the above 2 mentioned facts as well as in view of the dispute arises between the parties the authorities concerned taken a neutral stand and asked both the parties to obtain succession certificate from the learned court below. 10. That as soon as the succession certificate is produced by any of the parties the authorities concerned will do accordingly.” In the considered opinion of this Court, when the two wives and children from both of them are keenly contesting the claim of compassionate appointment, the authority had no option but to await the succession certificate to be issued by the competent civil court. In that view of the matter, this writ application is disposed of with a direction to the respondents to take immediate decision in the matter of compassionate appointment as soon as the succession certificate is produced by the concerned party. It is also made clear that the authorities, having declined to make appointment on compassionate ground due to dispute of succession, would be required to await the issuance of such 3 succession certificate and would not be at liberty to deny such appointment to the concerned dependent of the deceased employee in whose favour such succession is issued by the competent civil court on the ground of delay. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)