IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18445 of 2009 SUBAILA DEVI W/O LATE OM PRAKASH DIWAKAR R/O VILL PAKKI SARAI, P.O- GHOGHA, P.S- KAHALGAUN, DISTT- BHAGALPUR Versus 1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY GOVT. OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT GOVT. OF BIHAR, PATNA 3. THE SECRETARY, BIHAR PUBLIC SERVICES COMISSION, BAILY ROAD, PATNA 4. THE DIRECTOR, PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA 5. THE DY.DIRECTOR (PRIMARY EDUCATION GOVT.OF BIHAR,) PATNA 6. THE DISTRICT SUPERINTENDENT EDUCATION, BHAGALPUR 7. THE DISTRICT MGISTRATE CUM THE CHAIRMAN DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, BHAGALPUR 8. THE AREA EDUCATION OFFICER, BHAGALPUR ----------- For the Petitioner : Mr. Pancham Lal Jaiswal, Adv. For the State : AC to GA-IV. For the BPSC : Mr. Sanjay Pandey, Adv. 2/ 26.04.2010 Heard counsels for the petitioner, State and the Bihar Public Service Commission. Petitioner’s husband Om Prakash Diwakar had applied for appointment on the post of Assistant Teacher. The written examination was conducted by the Bihar Public Service Commission, Bihar. The Bihar Public Service Commission recommended names of 23 persons. These 23 persons were issued interview letter for the purpose of verification of the document. However, out of 23 persons only 7 persons were issued appointment letters and the rest were not issued any appointment letter. This was challenged by filing C.W.J.C. No. 13277 of 2005 by the husband of the petitioner, namely Om Prakash Diwakar. The writ application was disposed of by order dated 04.04.2008, giving direction to the District Superintendent of Education, Bhagalpur to appoint other recommended - 2 - candidates after due verification of their photographs and other documents. While the matter was still under process, the husband of the petitioner died on 16.04.2009. Till the date of his death, the petitioner’s husband had not been appointed on the post of Assistant Teacher. This writ application has been filed by the petitioner for a direction to the respondents to appoint her on compassionate ground on the same post, her husband was going to be appointed. The writ application has no merit. Considering the fact that the compassionate appointment can be made of the legal heirs of an employee who dies in harness, since, the petitioner’s husband could not be appointed on the post, for one or other reason, till date of his death, he was not a government employee and his legal heirs could not claim for any appointment on compassionate ground. This application is dismissed. Sanjeet/ (Mridula Mishra, J.)