IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6108 of 2010 MADHUMITA KUMARI, D/O LATE ANIL KUMAR SINGH, R/O RANIPOKHAR, JAMALPUR GOGRI, P.S.-GOGRI, DISTRICT-KHAGARIA. ………………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY, PATNA. 2. THE COMMISSIONER COMMERCIAL TAXES AND SECRETARY, GOVERNMENT OF BIHAR, PATNA. 3. JOINT COMMISSIONER COMMERCIAL TAXES (ADMINISTRATION), PURNEA DIVISION, PURNEA. 4. DEPUTY COMMISSIONER, COMMERCIAL TAXES, KISHANGANJ CIRCILE, KISHANGANJ. …………………RESPONDENTS. ----------- 2 08.12.2010 Petitioner has filed this writ application for a direction to the respondents to consider her case for compassionate appointment and pass appropriate orders appointing her. The father of the petitioner, who was a clerk in the office of Assistant Commissioner, Sales Tax, Kishanganj Circle, Kishanganj, died in harness on 03.11.2004. Petitioner promptly applied for her compassionate appointment. The respondents having not taken a decision the petitioner moved this Court. A counter affidavit has been filed in which it is stated that in 1981 there was some enquiry with regard to legality and validity of appointment of the father of the 2 petitioner. The same has remained pending and the process for regularization of class-III and class-IV employees under the Department is pending. It is stated that after the same is finally decided and the services of the father of the petitioner is finally held regularized the application of the petitioner for compassionate appointment shall be considered. This Court does not appreciate as to when the father of the petitioner was allowed to continue in service for more than 20 years and died as such the respondents are now raising the question in respect of his regular appointment. The fact that the father of the petitioner continued in service for such a long period and died in harness does make out a case for appointment of the petitioner on compassionate grounds, notwithstanding the fact that technically the services of her father were not regularized. In the circumstances, this writ application is allowed. The respondents are directed to take a decision and pass final orders in respect of the appointment of the petitioner on compassionate grounds 3 positively within a period of three months from the date of receipt/production of a copy of this order. Arvind/ ( J. N. Singh, J.)