IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14979 of 2008 -------- 1. Santi Devi alias Shanit Devi wife of late Bipendra Tiwary 2. Rajesh Kr. Tiwary @ Rajesh Tiwary son of late Bipendra Tiwary both resident of Village + P.O. Manikpur Pakari Via Lalganj District – Vaishali ……… Petitioners Versus 1. The Union Of India through the Chief Post Master General, Bihar Circle, Patna 2. The Chief Post Master General, Bihar Circle, Patna 3. The Post Master General, North Region, Muzaffarpur 4. The Senior Superintendent of Post Office, Muzaffarpur Division, Muzaffarpur ……………. Respondents ----------- For the Petitioners : Mr. Ram Hriday Prasad, Advocate For the Respondents : Mr. Sudhir Singh, Asstt. S.G. ---------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----------- Dated, the 7th November, 2008. Petitioner no. 1 is the wife of late Bipendra Tiwary and petitioner no. 2 is their son. Late Bipendra Tiwary was employed as Hindi Translator in the office of the Senior Superintendent of Post Offices, Muzaffarpur division. He was permitted to retire voluntarily w.e.f. 26th February, 1998 due to domestic reasons. The order of voluntary retirement reads thus: “Department of Post India Office of the Senior Supdt. Of Post offices, Muzaffarpur Division Muzaffarpur- 842002 - 2 - Memo no. BI- 54 Dated of the 26.2.98 In pursuance of the PHGMej, Muzaffarpur Memo the staff/PN/Retirement/Ch-II, dtd. 20.2.98 Shri Bipendra Tiwari Hindi Translator, O/o the S.S.G. Cha, Muzaffarpur, whose date of Birth is 10.01.1942 is hereby permitted to retire voluntarily from the service due to the domestic affart with effect from 26.2.98 (R.K.Singh) Sr. Supdt. Of Post Officer, Muzaffarpur Division Muzaffarpur, Bihar.” 2. Since the employee namely, Sri Bipendra Tiwary did not die in harness nor was voluntarily retired on medical grounds, apparently, his dependent was not entitled for appointment on compassionate ground. Mr. Bipendra Tiwari was well aware of that and, as a matter of fact, he sought relaxation of the rules by seeking employment of his son (petitioner no. 2) on compassionate ground. In this backdrop, the contention of the counsel for the petitioners that late Bipendra Tiwary was compelled to seek voluntary retirement due to his prolonged illness cannot be accepted. 3. The consideration of the matter by the Tribunal is proper, justifying no interference by us. 4. Writ petition is dismissed accordingly. R.M. Lodha, CJ Kishore K. Mandal, J. Anil/