IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13313 of 2006 PRAVIN KUMAR son of Arvind Tiwari, resident of village Gopalpur, P.O. Mahammadpur, P.S.Vikram, District Patna-------------------------------petitioner Versus 1.THE STATE OF BIHAR through the Secretary, Personnel & Administrative Reforms Department, Government of Bihar, Patna 2.The Director, Animal Husbandry Department, Govt. of Bihar, Patna 3.The Regional Director, Animal Husbandry, Central Zone, Patna 4.The Special Deputy Director (Animal Development) Large Animal Development Project (Main Scale) Ara- Buxar, Ara 5.The Deputy Director, Cattle Peed Development Large Animal Development Project, Ara-Buxar, Ara 6.The District Animal Husbandry Officer, Bhojpur,Ara 7.The Deputy Collector Incharge, Confidential Section Bhojpur, Ara 8.The Collector, Bhojpur, Ara 9.The Superintendent of Police, Bhojpur,Ara-respondents ----------- For the petitioner:Mr.Ramadhar Tiwari, Advocate For the State :Mr.Priyank Samdarshi,AC to SC 20 ---- 2. 30.4.2010 Heard learned counsel for the petitioner and learned counsel for the State. The writ application has been filed for quashing the order 22.9.2006 passed by the Director, Animal Husbandry, Government of Bihar (respondent No.2), by which he has rejected the claim for compassionate appointment of the petitioner and for a direction upon the respondents to appoint the petitioner on compassionate ground on account of death of his father who is alleged to have been kidnapped on 3.11.1997 and since then he is traceless. 2 The petitioner’s father was a fourth grade employee in the Animal Husbandry Department about whom it is stated that while he was going to Ara for getting his salary on 3.11.1997 he was kidnapped. Thereafter he never returned and has not been seen by the members of his family. With respect to the same, Ara-Nawada P.S.case No. 17/98 dated 7.2.1998 was also filed against a named accused person in which the police after investigation found the occurrence as true but without any proof; the allegation against the named accused was found to be false. Thereafter an application for compassionate appointment was filed on 8.2.2005 along with the required documents but by the impugned order dated 22.9.2006 of the Director, Animal Husbandry, the claim of the petitioner was rejected. The stand of the respondents is based upon a letter dated 1.2.2006 of the Personnel and Administrative Reforms Department under which on account of disappearance of the Government servant compassionate appointment was not to be given to the dependents. The said letter had been the subject matter of 3 consideration in various cases of this Court and also in the case of Smt.Kaushalya Devi vs. The State of Bihar & Ors. :2009(2) PLJR 325. This Court while quashing the similar impugned order directed the respondent authority to consider the case of the petitioner therein within a period of three months. In view of the aforesaid, the impugned order dated 22.9.2006(Annexure-9) is quashed and the respondent authorities are directed to consider the case of the petitioner for appointment on compassionate ground within a period of three months from the date of receipt/production of a copy of this order in the light of the direction issued by this Court in Smt.Kaushalya Devi’s case (supra). The writ application is, accordingly, allowed. (Ramesh Kumar Datta,J.) Spal/