Heard learned counsel for the petitioners and learned counsel for the respondents.

2. This writ petition has been filed by the petitioners for directing the respondents concerned to consider the case of petitioner no.2 for his appointment to a class III post on compassionate ground in Road Construction Department, Govt. of Bihar.

3. The claim of the petitioners is that petitioner no.1 is the mother of petitioner no.2 and the husband of petitioner no.1 and father of petitioner no.2, namely Late Ashok Kumar Mihsra, was employed as Chowkidar in work charge establishment in Sub-division no.16, Ganga Bridge Project at Hajipur and his services were regularized much later on 25.05.1996.

4. Learned counsel for the petitioners submits that in the meantime Ashok Kumar Mishra died in harness on 16.10.1989 while his son petitioner no.2 was a minor child and hence within the prescribed time of five years petitioner no.1 applied on 26.08.1993 for her appointment on compassionate ground and the same was forwarded, but it remained pending before the authority concerned and according to the counter affidavit filed by the respondents it was not considered.

5. Learned counsel for the petitioner