IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17844 of 2009 1. PRAMOD RAI S/O LATE VAIDYA RAI R/O PINDRAUCH, P.S.- KAMTAUL, DISTT.- DARBHANGA 2. DILIP RAI S/O PRAMOD RAI R/O PINDRAUCH, P.S.- KAMTAUL, DISTT.- DARBHANGA Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY HOME SPECIAL, PATNA 2. THE DIRECTOR GENERAL BIHAR MILITARY POLICE, PATNA 3. THE COMMANDANT, B.M.P. 18, BODH GAYA ----------- 2/ 07/01/2011 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners are the father and brother of the deceased, a Sepoy in police service. They seek either ex-gratia payment for his death or alternatively compassionate appointment for the brother. The counter affidavit states that the death of the Sepoy was not in respect of duty, or connected with discharge of duties. The death was in a private dispute where he was fired at by another. There is no provision for grant of ex gratia payment in such cases. Secondly that the brother is not eligible to be considered for compassionate appointment under the policy. The Court finds it difficult to grant any relief to the petitioner in accordance with law. The writ application is dismissed. KC ( Navin Sinha, J.)