IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4862 of 2008 ANIL KUMAR Versus BIHAR STATE ELECTRICITY BOARD& ----------- 4. 22.8.2008 The petitioner had on two earlier occasions come to this Court claiming compassionate appointment in the Electricity Board which was resisted/rejected by the Board on the ground that he was not validly adopted son of the deceased employee, Late Suhukdev. Ultimately, the matter came before the L.P.A Bench which held that the issue of adoption cannot be decided in writ jurisdiction and the appropriate forum for the same is the Civil Court, the petitioner, if so advised, may move before the Civil Court for declaration that he is the adopted son of late Sukhdeo. The petitioner approached the Civil Court and the declaration was made in his favour which, it is submitted by the Board, has been challenged by them by filing a First Appeal which is pending before the Additional District Judge, Barh. It is nowhere stated in the counter affidavit that there is any stay of the declaration granted by the Court of Munsif, Barh by his judgment and decree dated 7.8.2007 but only on account of filing of the appeal against the same, the authorities of the Board are taking a plea that the judgment has acquired finality. A new stand has been taken in the counter affidavit that since the death has taken place in the year 1987, it would be barred by the decisions of the Supreme Court and this Court on the said legal issue. Admittedly no order has been passed by the Board after the decree was passed by the Civil Court. This Court thus finds that the Board has taken a new plea in - 2 - the matter. Once a declaration regarding valid adoption has been obtained by the petitioner and there is no stay of the judgment and decree passed by the learned Munsif Barh, the authorities of the Board are obliged to pass an order in accordance with law on the application filed by the petitioner for compassionate appointment. They are directed to dispose of the application within a period of two months from the date of receipt/production of a copy of this order, and their previous decision prior to the aforesaid declaration shall not stand in the way of the same. The writ application is accordingly disposed of with the aforesaid direction. P. Kumar (Ramesh Kumar Datta, J.)