Judgment Aftab Alam, J. 1. The petitioners in this application seek a direction to the concerned authorities to appoint petitioners No.2 on a suitable Class-Ill post on compassionate grounds following the death of the husband of petitioner No.1 and the father of the petitioner No.2 while in service. 2. The material facts of this case are brief and without any controversy. The father of petitioner No.2 Abul hasan died on 12-4-1990 while working as a peon in the Government Urdu library, Patna (hereinafter referred to as the Library ). The petitioners filed an application for the appointment of petitioner No.2 on compassionate grounds. The Secretary of the Library on 30-7-91 forwarded the application in the prescribed proforma to the Dist. Level Compassionate Committee for its consideration. The committee in its meeting held on 17-9-1992 considered a number of cases for appointment on compassionate grounds. In the case of petitioner No.2 it made a recommendation that he should be appointed on a class III post in the Library. The committee further observed that in case no vacant post was available in the Library, petitioner No.2 should be appointed on any suitable Class III posts in the concerned Directorate. A copy of the minutes of the committees proceedings dated 17-9-1992 was sent to the Library authorities for their information. Thereafter the petitioners approached the concerned authorities for the issuance of the necessary appointment letters etc. but getting no favourable response from them for a long time, they finally came to this Court in this writ petition. 3. On notice being issued a detailed counter affidavit has been filed on behalf of respondent Nos.2 and 3. In the counter affidavit, it is stated that the recommendation of the Dist. Level compassionate Committee notwithstanding the Government decided not to appoint petitioner No.2 on compassionate ground for the reason that his deceased father was not a Government servant because his post was not sanctioned by the Government till his death" and he "was not working on the sanctioned post. " From the counter affidavit, it appears that on 1-8-1974, the late Abdul Hasan was appointed as a darban on daily wages by the then secretary of the Library. He worked till 30-4-1977 on daily wages. Thereafter, the managing committee of the Library sanctioned his salary in the time scale of pay of Rs.155-190 w. e. f.4-5-1977. " From the counter affidavit, it appears that on 1-8-1974, the late Abdul Hasan was appointed as a darban on daily wages by the then secretary of the Library. He worked till 30-4-1977 on daily wages. Thereafter, the managing committee of the Library sanctioned his salary in the time scale of pay of Rs.155-190 w. e. f.4-5-1977. The fixation of the salary in the time scale of pay was objected to by the Superintendent of Libraries, Bihar. He raised an objection that there being no sanctioned post the appointment of Abul hassan was irregular and he could not be paid his salary as directed by the managing committee of the Library. On this objection being raised by the Superintendent of libraries, the payment of salary of Abul Hassan was withheld. Abul Hassan then made a representation before the Director, Higher education, Bihar who by his order dated 7-1-1989 directed for the release of his salary with retrospective effect. The director, however, asked the managing committee of the Library to request the government for sanctioning two posts of Darban against one of which the appointment of Abul Hassan could be regularised. Following the direction contained in the Directors letter dated 7-1-1989 the past and current salary of abul Hassan was released. The secretary of the Library also requested the Government vide letter dated 1-5-1989 to sanction two Class IV posts for the Library. The letter remained pending with the Government and in the meanwhile Abul Hassan died on 12-4-1990. 4. In this regard, it is pertinent to note that after his death as no death-cum-retiral benefit was being settled, the two petitioners being the heirs of the deceased employee came to this court in CWJC No.8370/93 seeking appropriate directions for payment of the death-cum-retiral benefit of the deceased employee. This writ petition was disposed of by a bench of this Court by order dated 6-9-1993 with the following directions: "respondents 2 and 3 are directed to make payment of all the retirement benefits including the family pension, gratuity and General Provident Fund within three weeks from the receipt/production of this order along with interest at the rate of 10% per annum and the cost which we assess at Rs.1000/-. Both the interest and the costs along with the aforesaid amount shall be paid within the aforesaid period. " 5. Both the interest and the costs along with the aforesaid amount shall be paid within the aforesaid period. " 5. Following the aforequoted direction of this Court, the monthly pension of the deceased employee was fixed at rs.350/- which was being paid to the petitioners. In the aforesaid facts and circumstances, I find that it is no longer open to the concerned respondents to raise the plea that the deceased was not a Government employee and petitioner no.2 cannot be denied appointment on compassionate ground on that basis. 6. Having heard learned Counsel for the petitioners and the State and having perused the writ petition and the counter affidavit, I, in the facts and circumstances of this case, direct the respondent authorities to consider the case of petitioner No.2 for appointment on compassionate grounds in the light of the recommendations made by the district Level Compassionate Committee. It is further directed that all formalities in this regard must be completed within two months from the date of receipt/production of a copy of this order and necessary orders must be issued within a period of two months. This application stands disposed of with the directions and observations made above. No costs. Order Accordingly.