IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3320 of 2006 Tara Devi, wife of Late Ashok Kumar Paswan, resident of Village- Sipahitola, Police Station- Khajanchihat, District-Purnea Versus 1. The State Of Bihar through the District Magistrate, Kishanganj 2. The District Magistrate, Kishanganj 3. The Deputy Collector, District Establishment Office, Kishanganj 4. The Sub-Divisional Officer, Kishanganj 5. The Circle Officer, Bahadurganj, District-Kishanganj ----------- For the petitioner: M/S Ravindra Nath Dubey & Sanjeet Kr. Tiwari, Advocates For the State: Mr. Ram Sagar Singh, JC to GP 13 ------------ 3. 28.01.2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has filed the writ application for a direction upon the respondents to decide the matter for compassionate appointment and appoint the petitioner on a suitable post. The husband of the petitioner who was an employee under the State Government had died on 25.8.1995 while still in service. The petitioner filed an application for compassionate appointment thereafter. It is stated that despite several reminders the same was not considered by the authorities. The further stand of the petitioner is that she has two sons and a daughter and the elder son has filed an application for compassionate appointment on 30.7.2004 upon attaining the majority but the same has also not been considered. The stand of the State-respondents is that the case of the petitioner had already been considered by the District Compassionate Committee, Kishanganj on 20.12.2005 and the same had been rejected on the ground that the educational qualification - 2 - certificate shows that she had passed class VII, and not class VIII as required, and on enquiries being made on the basis of original school Register even the said certificate has been found to be fake. For the said reasons her application for compassionate appointment has been rejected. With regard to her son, it is stated that he was born on 1.2.1986 and was thus just 9 ½ years old when his father, petitioner’s husband, had died on 25.8.1995. Thus his application filed on 30.7.2004 is not fit to be considered being beyond the five years period prescribed under the relevant circulars of the State Government. On a consideration of the aforesaid stand of the parties, this Court does not find any merit in the case of the petitioner. The authorities have rightly rejected the application for compassionate appointment of the petitioner both on the ground of her not possessing minimum educational qualification and also especially since a fake and forged certificate has been filed by her which by itself would be sufficient to negative any claim for compassionate appointment on her part. So far as the claim regarding the son is concerned, it is evident that he was a minor aged 9 ½ years when his father had died and even within a period of five years he would not have attained majority and he would have been only 14 ½ years old and thus, within the period prescribed for filing application for compassionate appointment he was not at all eligible to be considered for - 3 - compassionate appointment. His claim at this belated stage cannot be considered as compassionate appointment is not a grant of a post for a post treating the same as though a succession has opened on the death of the government servant but is meant only to take care of the immediate financial hardship faced by the family on the death of the sole bread earner. Since 8 ½ years would have elapsed at the time when the son would attain the majority, there could be no question of considering his case for compassionate appointment. If the family has been able to survive the financial hardship for the last more than 13 years, there is no question of their claim for compassionate appointment being considered at this belated stage. The writ application is accordingly dismissed. S.Pandey (Ramesh Kumar Datta, J.)