IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11354 of 2008 PRABHAS KUMAR SINGH, son of late Narendra Prasad Singh, resident of village Jainagar, P.S. Bhargama, District Araria … Petitioner Versus 1. THE STATE OF BIHAR 2. The Director (Primary Education), Bihar, Patna 3. The District Compassionate Appointment Committee, Araria through its Chairman 4. The District Magistrate, Araria cum Chairman, District Compassionate Appointment Committee, Araria 5. The District Superintendent of Education, Araria 6. The Sub-divisional Education Officer, Araria 7. The Block Education Extension Officer, Araria 8. Jyotish Kumar Singh, son of late Narendra Prasad Singh, resident of village Jainagar, P.S. Bhargama, District Araria … Respondents ----- For the Petitioner: Mr. Sanjay Kumar Sharma,Adv. For the State : Mr. Gautam Bose, AAGVIII with Mr. Ajay Kumar, A.C. to AAG8 For respondent no.8:Mr. Uday Bhanu Roy,Adv. ----------- 3. 19.5.2011 Heard counsel for the parties. Pursuant to the order of this Court dated 6.5.2011 both the petitioner as also his younger brother respondent no.8 have appeared in person. In course of deliberation it has transpired that the whole dispute emanating from the compassionate appointment of respondent no.8 can be amicably resolved and to that extent both the petitioner and respondent no.8 have mutually agreed on the terms and conditions as stated in the 2 supplementary affidavit filed today which reads as follows: “I, Prabhash Kumar Singh, aged about 37 years, son of late Narendra Prasad Singh, resident of village Jainagar, P.S. Bhargama, District Araria, A N D I, Jyotish Kumar Singh, aged about 33 years, son of late Narendra Prasad Singh, resident of village Jainagar, P.S. Bhargama, District Araria, do hereby solemnly affirm and state as follows: 1) That the deponents are contesting parties to the instant writ petition by virtue of being the petitioner and respondent no.8 respectively and as such, they are fully acquainted with the facts and circumstances of the case. 2) That the petitioner and respondent no.8 have settled the dispute which gave rise to the filing of the instant writ petition and they are praying herein to dispose of the writ petition in terms of the settlement arrived between them. 3) That according to the terms of compromise the respondent no.8 willpay 1/3rd (one-third) of the monthly salary received by him from 3 his service as a Prakhand teacher in Araria Block District Araria to the petitioner and the petitioner shall not disturb in any manner or challenge the appointment of respondent no.8 as Prakhand teacher. It has been further agreed between them that the petitioner and the respondent no.8 shall partition the ancestral land and houses according to Hindu (Succession) law and will come in possession of their land and houses according to their respective share and they will not disturb in any manner the right and possession of the other party. It has been further agreed between them that the retiral dues of their father late Narendra Nr. Singh which are still unpaid shall be divided equally between the petitioner and respondent no.8. 4) That it is stated and submitted that it would be desirable in the interest of justice to dispose of the instant writ petition in terms of the compromise arrived at between the petitioner and respondent no.8 5. That the contents of this supplementary affidavit have been read and understood by both the deponents which are true to the best of their knowledge, 4 information and belief. Sd/= Prabash Kumar Singh 19.5.2011 Sd/= Jyotish Kumar Singh 19.5.2011” From the reading of the aforesaid affidavit it becomes clear that at least the two brothers have finally agreed to settle the dispute which arose from the death of their father and resultant compassionate appointment. Considering the aforementioned joint stand of both the petitioner and respondent no.8, this Court would direct both of them to strictly act upon their mutual accepted terms and conditions as quoted above. The Drawing and Disbursing Officer of respondent no.8 is directed to deduct 1/3rd of the monthly salary of respondent no.8 which would be deposited in the Bank account to be opened by the petitioner on month to month basis and further they shall also share half and half of the remaining death cum retirement benefit payable to their father. It has to be also taken into 5 account that counsel for both the petitioner and respondent no.8 have conveyed that the father of the petitioner had 12 acres of ancestral land as also a residential house and they have mutually agreed to divide it in three share, one for the petitioner, other for respondent no.8 and the third for their sister. This aspect of the matter though not concerned with the compassionate appointment has been only recorded for giving a finality to all sort of dispute which had taken place after the death of the father of the petitioner and respondent no.8. This Court hopes and believes that after this order all the dispute between the two brothers i.e. the petitioner and respondent no.8 shall come to an end. With the aforementioned observation and direction, this application is disposed of. The personal appearance of the petitioner and respondent no.8 is also dispensed with. (Mihir Kumar Jha,J.) Surendra/ 6