IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2741 of 2010 1. RAJESH UPADHAYAY S/O LATE NARENDRA UPADHAYAY R/O VILL- BHIKHABANDH, PO- SATJORA, P.S- DARAUNDA, DISTT- SIWAN Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS, DEPARTMENT, GOVT.OF BIHAR, PATNA 3. THE REGISTRAR, CIVIL COURT, SIWAN 4. THE DISTRICT MAGISTRATE, SIWAN 5. TEH DISTIRCT LEVEL COMPASSIONATE APPOINTMENT COMMITTEE THROUGH ITS CHAIRMAN, THE DISTRICT MAGISTRATE, SIWAN 6. THE DEPUTY COLLECTOR (ESTABLISHMENT), SIWAN ----------- 03. 23.09.2010 Heard learned counsel for the petitioner and learned counsel for the respondents. The father of the petitioner was a Class-IV employee in the Civil Court at Siwan. Having been deceased on 8.5.2008, the petitioner is stated to have applied for compassionate appointment on 27.5.2008. It is his case that he appeared for an interview on 8.11.2008 and was waiting expectedly for an order of appointment. Nothing has been communicated to him and he is not aware of the fate of his claim. Reliance is placed on an order of this Court in C.W.J.C. No. 1989 of 2007 with a prayer to dispose off the application in similar terms to consider the claim for compassionate appointment. No counter affidavit has been filed till date. In the nature of the claim no useful purpose shall be 2 served by keeping the writ petition pending. Learned counsel for the respondent rightly submits that there is no right to be considered for compassionate appointment alike the right to be considered for appointment in pursuance of an advertisement. Any claim for compassionate appointment has to be considered strictly in terms of the policy decision regulating compassionate appointment. Again appointment on compassionate ground can be only subject to availability of vacancy and competing claims for compassionate appointment. The contention of the respondents is unexceptionable. The application is disposed with directions to consider the claim for compassionate appointment in accordance with the law by a reasoned and speaking order preferably within a maximum period of four months form the date of receipt/production of a copy of this order. The application stands disposed. P.K. ( Navin Sinha, J.)