IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4717 of 2008 YASHWANT PRAKASH, son of late Om Prakash No.5, resident of village Gaurakhar, P.O. Sohang, P.S. Tukepatti, District Kushi Nagar (U.P.) … Petitioner Versus 1. THE STATE OF BIHAR 2. The District and Sessions Judge, District Purnia 3. The Registrar, Civil Court, District Purnia 4. Judge Incharge, Civil Court, Araria, District Purnia … Respondents ----------- 3. 9.5.2011 Heard counsel for the parties. Reference may be made to the order of this Court dated 22.4.2011, the relevant portion whereof reads as follows: “The claim of the petitioner for appointment on compassionate ground after death of his father working as a Munsif/ Judicial Magistrate in Bihar Judicial Service is said to have been rejected by the competent authority on the ground that the mother of the petitioner was already in Government service and hence the petitioner will be ineligible in view of the circular of the State Government dated 5.10.1991 prescribing that in the event of either of the spouses being in service at the time of death of the other spouse, the appointment on compassionate ground will not be given to the dependent. Mr. Shashi Shekhar Dwivedi, 2 learned senior counsel for the petitioner would seek adjournment for a period of two weeks in order to get instruction as to whether the mother of the petitioner was working in Government service and to that extent, to also produce the affidavit that was filed by the petitioner in response to Annexure 3 to the writ application the letter of Registrar, Civil Court, Purnea directing the petitioner to submit a clear affidavit with regard to the status of employment of his mother.” Today counsel for the petitioner would submit that the mother of the petitioner was employed on the date of death of the father of the petitioner and in fact was working as A.N.M.. Once this aspect is admitted by the petitioner, his appointment cannot be made on compassionate ground in view of the restrictions imposed in the Government policy contained in the circular dated 5.10.1991. That being so, this application is wholly misconceived and is, accordingly, dismissed. (Mihir Kumar Jha,J.) Surendra/ 3