IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9843 of 2007 1.MD.SHAKIR HUSSAIN, S/O LATE MD. SAYEED R/O VILLAGE BADHPUR, P.S.SADISOPUR, DISTRICT PATNA. 2.SURAIYA KHATOON, W/O LATE MD. SAYEED R/O VILLAGE BADHPUR, P.S.SADISOPUR, DISTRICT PATNA. Versus 1.THE STATE OF BIHAR THROUGH THE COMMISSIONER CUM SECRETARY , DEPARTMENT OF MINES, PATNA. 2.THE SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3.THE DEPUTY SECRETARY, DEPARTMENT OF MINES, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 4.THE DIRECTOR, DEPARTMENT OF MINES, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 5.THE REGISTRAR, DEPARTMENT OF MINES, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. ----------- For the Petitioner: Mr. Nadim Seraj. For the State : Mr. S.K. Sharma, G.A.-3 with Mr. S.K. Jha, A.C. to G.P. Special P.P. : Mr. V.M.K. Sinha for Mines Department. . ----------- 02/ 18.04.2011 Heard counsel for the parties. The case of the petitioners for appointment on compassionate ground after the death of the father of petitioner no. 1 and husband of petitioner no. 2, has remained pending for more than nine years. On the last occasion when there was no counter affidavit filed in this case, this Court had directed Special P.P for the mines department to file counter affidavit, as also, seeking personal 2 appearance of the Principal Secretary of the Mines Department for explaining as to why counter affidavit in this Court was not filed for nearly four years. Today Mr. Shubhakirti Majumdar, the Principal Secretary of Mines Department has appeared in person and would explain that since he has recently joined the said post, his attention could not be drawn as with regard to filing of the counter affidavit in the present case. In the opinion of this court such explanation seems to be quite lame. It may be true that a Secretary will be joining the department upon transfer on a particular point of time but then there has to be continuity in the actions of the authorities, inasmuch as, the filing of the writ petition after service of two copies in the office of the learned Advocate General and information to the department concerned is not being denied by the counsel for the Mines Department. Therefore, it should be really, the concern of the Principal Secretary of the Mines Department to have a constant monitoring of its pending cases before this Court so that the dispensation of justice by this Court is not being obstructed on 3 account of non-filing of the counter affidavit. It really affects the functioning of this Court when writ petitions remain pending for years altogether only on account of non-filing of the counter affidavit by the respondent State and its officials. Be that as it may this Court would record the personal undertaking of Mr. Mazumdar that in future, the Mines Department will file its counter affidavit promptly and thereby will not give rise to a similar situation. Reverting to the present case which can be disposed of even in absence of a counter affidavit, inasmuch as, Mr. Mazumdar the Principal Secretary of Mines Department in person has stated before this Court that a decision has been taken for appointment of petitioner no. 1 on compassionate ground. Mr. Shyam Kishore Sharma, G.A -3 on taking instruction from Mr. Mazumdar the Principal Secretary Mines Department has submitted that if the petitioner would appear before Principal Secretary, Mines Department within a week from today and would submit the original affidavit of petitioner no. 2 of having no objection in the appointment of petitioner no. 1 on 4 compassionate ground, his appointment letter will be issued forthwith. In view of the above, this Court would direct petitioner no. 1 to appear before the Principal Secretary, Mines Department tomorrow i.e 19.04.2011, for completing the requisite formalities so that his appointment letter be issued promptly on or before 25.04.2011. With the aforementioned observations and direction, this application is disposed of. Personal appearance of Mr. Shubhakeerti Majumdar, Principal Secretary Mines Department is dispensed with. Ranjan (Mihir Kumar Jha, J.)