IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.318 of 2009 KANTI DEVI, wife of Late Badri Narayan Pandit, Resident of Mauza Anaith, P.S. Nawada, District-Bhojpur, at present residing at Mohalla Dujra, P.S. Buddha Colony, District-Patna. ----------Petitioner/ Appellant Versus 1. The Estate of Late Badri Narayan Pandit, son of late Kariman Ram, resident of Anaith P.O.-Arrah, Nawada, Distt. Bhojpur. 2. Nagendra Prasad, son of Late Badri Narayan Pandit, resident of Dujra, P.S. Buddha Colony, Distt. Patna. 3. Kumbli Devi daughter of Chhattu Pandit. 4. Guddu@ Rakesh Ranjan son of Kumbli Devi. 5. Chhotu@ Shashi Shekhar son of Kumbli Devi All residents of vill. Raghunathpur, Distt. Bhojpur at present residing of Quarter No.802, Sector III A, Bokaro Steel City, P.S. Section I, Near Ram Mandir Bokaro Steel City, Bokaro. 6. The General Manager, B.S.N.L., Bokaro ----------------Respondents 02. 16.04.2010. (1) This Misc. Appeal has been filed by Kanti Devi against that part of the judgment dated 16.05.2009 passed by the learned Addl. District Judge VIIth, Patna in Succession Case No.103 of 2004 whereby the learned Court below has not directed the son of the appellant to be appointed on compassionate ground. (2) It appears that Succession case was filed by the appellant Kanti Devi being Succession Case No.103 of 2004 claiming Succession Certificate with regard to the estate of her husband Late Badri Narayan Pandit. In the said Succession case, Nagendra Prasad, S/o Late Badri Narayan Pandit through this appellant and two others sons Guddu and Chottu, sons from second wife Kumbli Devi were also made opposite parties No.2 to 5. Kumbli Devi was O.P. No.3. After hearing the parties, the learned Court below granted Succession Certificate in favour of Kanti Devi to the extent of 1/4th share, 2 Nagendra Prasad to the extent of 1/4th share and Guddu and Chottu to the extent of 1/4th and 1/4th each. (3) The said deceased husband of the petitioner, namely, Late Badri Narayan Pandit was employee of the B.S.N.L. and therefore, there was dispute regarding compassionate appointment also. The learned Court below held that if the rule provides that appointment on the compassionate ground in the B.S.N.L., Bokaro, then it may be decided by the B.S.N.L. who is fit candidate among the 3 children of Late Badri Narayan Pandit. (4) The learned counsel for the appellant submitted that the son of the appellant should have been directed to be appointed on compassionate ground. It may be mentioned here that son of appellant Kanti Devi has not filed this Appeal seeking a direction for his appointment on compassionate ground. Moreover, the matter before the Court below was for the grant of Succession Certificate. The appointment on compassionate ground cannot be claimed as a matter of right. It depends upon the rules framed or followed by the authorities concerned and, therefore, the Court cannot compel anyone. The learned Court below has rightly observed that if rule provides then according to rule, the fit candidate may be appointed. Therefore, I find no reason to interfere with the order passed by the Court below. (5) In the result, I find no merit in this Misc. Appeal and is accordingly dismissed. Sanjeev/- (Mungeshwar Sahoo, J.)