IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8733 of 2009 MRITUNJAY KUMAR, Son of late Rajeshwar Prasad Singh, resident of village – Chakvairiya, P.S. Gaurichak, District – Patna. … Petitioner. Versus 1. THE STATE OF BIHAR through the Principal Secretary, Personnel and Administrative Reforms Department, Govt. of Bihar, Patna. 2. The District Magistrate –cum- Chairman, District Compassionate Appointment Committee, Patna. 3. The Superintendent, Government Printing Press, Gulzarbagh, Patna. … Respondents. For the Petitioner : - Mr. Ajit Kumar, Advocate For the State : - Mr. Shambhu Nath, AC to GP X. ----------- 02/ 27.07.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner is the son of late Rajeshwar Prasad Singh, who died while serving as Reporter in the Government Printing Press on 23.9.1994, whereafter his son namely, Vijay Narayan Singh, the brother of the petitioner applied for appointment on compassionate ground. His application remained under consideration until 6.3.2006 when Vijay Narayan Singh was recommended by the Compassionate Appointment Committee for appointment on compassionate ground. Such recommendation is contained in Annexure-1 to this application. Before Vijay Narayan Singh could actually be appointed in the light of recommendation, Annexure-1, he left for his heavenly abode. After the death of Vijay Narayan Singh the other son of Rajeshwar Prasad Singh namely, the petitioner has applied and his application for compassionate appointment has been rejected under recommendation of the Compassionate Committee vide Item No. 60 communicated to the petitioner under Memo No. 4745 dated 28.11.2008, Annexure-3. 3. Learned counsel for the petitioner states that close - 2 - perusal of Annexure-3 would indicate that his application for appointment on compassionate ground has been rejected on the ground that he has applied after the expiry of time fixed for such application. It is submitted in this connection that his elder brother Vijay Narayan Singh applied for compassionate appointment within the time fixed for making application for appointment on compassionate ground but the authorities kept the application pending and in the meanwhile he left for his heavenly abode whereafter the other son of the deceased employee namely, the petitioner applied for being considered for appointment on compassionate ground as the family of the deceased employee continued to starve all along. Learned counsel further submitted that on account of delay committed by the authorities unfortunate situation has arisen and petitioner is required to be substituted in place of his deceased brother Vijay Narayan Singh. 4. Let authorities consider the claim of the petitioner for appointment on compassionate ground in accordance with law as the earlier application of his elder brother Vijay Narayan Singh was kept pending by the authorities and for keeping such petition pending neither Vijay Narayan Singh nor the present petitioner nor anybody else of his family was responsible. In the circumstances, the delay caused by the authorities in disposing of the compassionate appointment application filed at the instance of Vijay Narayan Singh cannot be a ground to refuse the similar prayer of the petitioner, who has applied for such appointment only after death of his elder brother - 3 - Vijay Narayan Singh. Necessary orders in this regard be passed as early as possible in any case within one month. As the matter is delayed by the authorities themselves the Compassionate Committee is directed to hold the next meeting within a month from today. 5. This writ application is, accordingly, disposed of. DKS/ (V.N. Sinha, J.)