M.Y. Eqbal, J.

1. The petitioner who is the widow of late Babulal Singh seeks a mandamus directing the respondents to appoint her on compassionate ground. Petitioners case is that her husband was Home Guard posted at Garu in the district of Latchar. He died in harness on 24th July, 1999 while he was on duty in an encounter by the extremists along with two other Home Guards. After the death of her husband in an encounter by the extremists she made an application before the Commandant, Bihar Home Guard for appointment on compassionate ground. She also requested the Superintendent of Police, Palamau and the Commissioner of police. Palamau for her appointment on compassionate ground. Her further case is that the Commandant, Bihar Home Guard recommended her case and requested the Deputy Commissioner, Palamau for giving employment to the petitioner. A copy of the letter dated 17.1.2001 has been annexed as Annexure 3 to the writ application. It is contended by the petitioner that till date no decision has been taken by the respondents on the application of the petitioner.

2. In the counter-affidavit filed by the respondents it is stated that since the petitioners husband was killed