IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7865 of 2003 RAJESH KUMAR, son of Sri Mahesh Pathak and late Renu Bala Pathak, resident of in the house of Sri Birju Yadav, Ram Jai Krishna Road, Gurhatta, P.S. Chowk, District Patna … Petitioner Versus 1. THE STATE OF BIHAR 2. Director-in-Chief, Health Services, Bihar, Patna 3. Superintendent, Nalanda Medical College and Hospital, Agamkuan, Patna 4. District Magistrate, Patna cum Chairman, District Compassionate Appointment Committee, District Patna ----------- 3. 30.8.2010 No one appears for the petitioner. Counsel for the State is present. The prayer of the petitioner in this writ application is for a direction for his appointment on compassionate ground on the basis of his being son of late Smt. Renu Bala Pathak, who is said to have died in harness on 14.11.2002. Such claim of the petitioner has been rejected, even before its being placed before the District Compassionate Appointment Committee, by the controlling authority of her mother, Smt. Renu Bala Pathak, on the ground that the husband of Smt. Renu Bala Pathak had raised an objection that the petitioner was in no way related to late Smt. Renu Bala Pathak. From the materials on record including a large number of evidence in form 2 of Matriculation registration form, admit card, provisional certificate issued by the Bihar School Examination Board, School leaving certificate of the petitioner, it prima facie appears that there has been some family dispute on account of which the father of the petitioner, who has disowned the petitioner to be his son, has created some sort of dispute on account of which the case of the petitioner could not be even placed before the District Compassionate Appointment Committee. Normally in case of such a dispute the appropriate remedy for the petitioner could be seeking a declaration from the Civil Court as with regard to deceased being her mother and consequently the petitioner being entitled for benefits available to him including the appointment on compassionate ground. The petitioner, however, has remained conscious to his cause and that is how immediately after filing of his application for seeking appointment on compassionate ground and finding the negative attitude of the controlling authority, Superintendent of Nalanda Medical 3 College and Hospital he had moved this Court well before expiry of the period of five years, the period of limitation, from the date of death of her mother, the deceased employee. In that view of the matter, this Court would direct the Superintendent of Nalanda Medical College and Hospital to reconsider his decision and in any event whatever be the objection of the father of the petitioner in the appointment of the petitioner on compassionate ground he must send the same with full papers as submitted by the petitioner before the Collector of Patna District for its being placed before the District Compassionate Appointment Committee. The Collector of the Patna District upon receipt of the application of appointment on compassionate ground from proper channel i.e. Superintendent of Nalanda Medical College and Hosptal, must ensure that the appropriate decision of the District Compassionate Appointment Committee is taken within a period of six months from the date of receipt/ production of a copy of this order. 4 Let it be, however, made clear that this Court has not finally decided the issue as to whether the petitioner is or is not the son of the deceased employee Renu Bala Pathak and such decision has to be taken for the purposes of deciding the claim of the petitioner on compassionate appointment by the District Compassionate Appointment Committee. That being so, this application is disposed of with the aforementioned observation and direction. (Mihir Kumar Jha,J.) Surendra/