Radha Mohan Prasad, J.

1. The prayer is the writ petitions is to quash annexure-9 and to issue writ of mandamus commanding respondents to give appointment to the petitioner No.2 on compassionate ground in terms of government Circular (Annexure-1 ).

2. The petitioners claim to be the wife and son of the government servant late Jagat Bahadur, who died in harness on 24-12-82. The petitioners being dependents of the deceased Government servant claimed appointment on the compassionate ground in the light of the government circular contained in letter No.12764 dated 12-7-1977 issued by the Personnel and Administrative reforms Department (Annexure-1 ). However, the claim was rejected vide letter No.3222 dated 26-8-94 issued by the Under-Secretary, Water Resources department, State of Bihar (Annexure9) solely on the ground that they were citizens of Nepal, for whom there is no provision for giving appointment to the dependent of the deceased government servant on the compassionate ground,

3. The learned Counsel for the petitioners submitted that the aforementioned Government circular (Annexure-1) does not differentiate between a citizen of this country and a non- citizen. According