Purnendu Singh, J.—Heard Mr. Prashant Kumar, learned counsel appearing on behalf of the petitioner and Mr. Shailendra Kumar Dwivedi, learned counsel appearing on behalf of the State.

2. The petitioner in paragraph no. 1 of the present writ petition has sought inter alia, following relief(s) which is reproduced hereinafter:—

“For issuance of appropriate writ, order or direction in the nature of Certiorari thereby quashing and setting aside the Memo No. 174 dated 09.02.2023 issued by the Additional Collector (District Establishment), Begusarai rejecting the application of the Petitioner for appointment on compassionate ground for the reason that the application was made after seven (7) years of death of the Petitioner’s father.

(ii) For issuance of an appropriate writ, order or direction in the nature of Mandamus thereby directing the Respondents to consider the appointment of the Petitioner on compassionate grounds pursuant to the order dated 12.03.2021 passed by this Hon’ble Court in CWJC No. 7380/2020.

(iii) For grant of such other order or direction for which the Petitioner is found entitled to in the facts and circumstances of the case.”

3. Learned counsel appearing on behalf of the petitioner submitted that the father of the petitioner died on 11.07.2015 and the petitioner had applied for compassionate appointment on 14.07.2022 for the reason that disciplinary proceeding was pending against the father of the deceased employee namely, Manoj Kumar, who was posted as Rajaswa Karmchari at Begusarai Sadar Circle, Begusarai. It is the case of the petitioner that the father of the petitioner was facing disciplinary action and before the death of the father of the petitioner, he was dismissed from service on 26.05.2014 and same will not dis-entitle him from being appointed on compassionate ground. Against the order of dismissal, the deceased has filed CWJC No. 5410 of 2015 and during the pendency of the said writ petition, the deceased employee died. However, vide order dated 09.04.2018 the said writ petition was allowed and the matter was remanded back to the appellate authority for deciding afresh. Thereafter upon remand, against the order passed by the District Magistrate, wife of the deceased, i.e. the mother of the present petitioner, filed CWJC No. 7380 of 2020 against the fresh departmental enquiry initiated against the deceased on the same set of charges. Vide order dated 12.03.2021, the said writ petition was disposed of and learned counsel taking this Court to the operating part of the order submitted that the Court once having held husband of the petitioner will be treated to have not been ever dismissed from service and accordingly she is held to be entitled to all monetary benefits in terms of arrears of salary and death cum retiral dues. Since the said writ petition filed by the mother of the petitioner was allowed, the petitioner also becomes entitled for considering his case to be appointed on compassionate ground and non-consideration of the case of the petitioner on technical ground that the petitioner has not made application within five years of the death of his father, i.e. on 11.07.2015 is not in accordance with law and also in teeth of the order passed by this Court in CWJC No. 7380 of 2020. Learned counsel further submitted that petitioner also made an application for compassionate appointment dated 14.07.2022 and the same was forwarded by the Circle Officer, Mansoorchak to the Additional Collector (District Establishment) recommending the case of the petitioner for being considered to be appointed on the compassionate ground.

4. Per contra, Mr. Shailendra Kumar Dwivedi learned counsel appearing on behalf of the State submitted that the law in respect of considering the case for compassionate appointment is no more res integra, however in the present case, the petitioner who has admitted that his mother was litigating before this Court soon after the death of his father, the petitioner was not conscious of his ri