IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.7335 OF 2010 1. BISHNU JHA S/O LATE ARVIND JHA R/O MOH MURTUZACHAK, P.O.MIRJANHAT, P.S.MOJAHIDPUR, TOWN & DISTT-BHAGALPUR .......................................................................................PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY-CUM-INSPECTOR GENERAL, REGISTRATION DEPARTMENT OF REGISTRATION, GOVT. OF BIHAR, PATNA 3. THE DISTRICT COMPASSIONATE APPOINTMENT COMMITTEE, BHAGALPUR THROUGH ITS CHAIRMAN-CUM-THE DISTRICT MAGISTRATE, BHAGALPUR 4. THE DISTRICT COMPASSIONATE APPOINTMENT COMMITTEE, JAMUI THROUGH ITS CHAIRMAN-CUM-THE DISTRICT MAGISTRATE, JAMUI 5. THE DISTRICT SUB-REGISTRAR, BHAGALPUR 6. THE DISTRICT SUB-REGISTRAR, JAMUI ………………………………………………………………………………RESPONDENTS ******* 2 17/05/2010 On the basis of a direction given by the Minister of Registration Department, the Secretary – cum- Commissioner in the Registration Department took out a notice in which the heirs of the erstwhile employee of the Registration Department were ordered to be given the benefits to which they were entitled and one of the heirs were to be considered for compassionate appointment. The petitioner accordingly approached the District Magistrate, Bhagalpur for being considered for appointment on compassionate ground. The petitioner’s case was considered by the District Compassionate Appointment Committee, Bhagalpur and the same was rejected on the ground that the petitioner’s father was transferred to Jamui and he 2 ought to file his application before the District Magistrate, Jamui. The petitioner was communicated the decision of the District Compassionate Appointment Committee, Bhagalpur vide Annexure-7. The categorical statement on behalf of the petitioner at paragraph 18 that he filed an application before the District Sub- Registrar, Jamui for consideration of the compassionate appointment. The crux of the matter lies in the fact that both the District Magistrates are not keen to consider the appointment of the petitioner on compassionate ground as according to the District Magistrate, Bhagalpur the petitioner’s father, just before his death was transferred to Jamui. The benefits after his death were obviously paid from Bhagalpur, however, since the service records relating to late Arvind Jha were not sent to Jamui, the District Sub-Registrar, Jamui had no interest in referring the matter to the District Compassionate Appointment Committee. In the result, I refer the matter to the Principal Secretary –cum- Inspector General of Registration, Department of Registration, Government of Bihar, Patna to solve the impasse and ask the District Magistrate, Jamui/the District Magistrate, Bhagalpur, whom he considers competent, to place the 3 petitioner’s case for appointment on compassionate grounds before the District Compassionate Appointment Committee and a decision be taken in this matter. The decision by the District Compassionate Appointment Committee, Jamui/Bhagalpur should be taken within a period of four months from the date of receipt/production of a copy of this order. The petitioner may file a detailed representation before the respondent no. 2 giving all the facts along with the annexures within a period of two weeks from today. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)