IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6171 of 2010 1. Rajesh Kumar, S/O Late Vinod Prasad, R/O Mohalla- Chhota Telpa (Lal Tole), P.O +H.O - Chapra,P.S - Town Chapra, District - Saran. Versus 1. The State Of Bihar. 2. The Director , Null Animal Husbandry,Bihar, Patna 3. The District Magistrate, Saran 4. The Regional Deputy Director, Department Of Animal Husbandry, Saran At Chapra. 5. The District Husbandry Officer, Saran. 6. The Chairman District Compassionate Appointment Committee Saran At Chapra. 7. The Additional Collector Establishment , Saran. 8. Anurag Verma, S/O Vinod Prasad, R/O Mohalla- Chhota Telpa (Lal Toli), P.O - H.O - Chapra, P.S - Town Chapra, District- Saran. 3/ 12/09/2011 Heard learned counsel for the petitioner and the State. The petitioner is stated to be the elder son of late Shri Binod Prasad who expired on 22.12.2008 in harness. It is submitted that being the eldest son he alone was competent to be considered for appointment. The respondents have wrongly considered the younger brother. Learned counsel for the State submits that the pleadings do not contain any statement that the petitioner made an application in accordance with law for compassionate appointment before his brother may have done so. Learned counsel for the petitioner submits 2 that having come to know of the escapades of his younger brother he did so on 17.3.2010 and 30.3.2010. A claim for compassionate appointment is not an inheritable right as the estate of the deceased. Any claim for compassionate appointment has to be strictly in accordance with law and the policy regulating the same. A Division Bench of this Court in 2004(2) P.L.J.R. 453 (Vishal Kumar vs. The State of Bihar & Ors.) has held that sibling rivalry in competing claims for compassionate appointment do not furnish a cause of action under Article-226 of the Constitution of India. Before parting with the case the Court observes that the State respondents are expected to act in accordance with law and any orders to the prejudice of a person can be passed only after due opportunity to him. The writ application is dismissed. KC ( Navin Sinha, J.)