IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2800 of 2008 ----- Bijay Kumar Prasad, son of Late Shiv Lakhan Prasad Resident of village-Bairamchak, P.O.-Nadaul, P.S.Masaurhi, District-Patna. ……. ….. Petitioner Versus 1. The Union of India through the Secretary, Department of Mines, Govt. of India, New Delhi. 2. The Director General, Geological Survey of India 27, J.L.Nehru Road, Kolkota-16. 3. The Director in charge, Geological Survey of India, Eastern Region, Karunamayee Geological Building, II Floor, D.K. 6 Block, Sector II, Salt Lake City, Kolkata-91. 4. The Deputy Director General, Geological Survey of India Eastern Region, MGG Building, CGO Complex, Sector-I of Block 5th Floor, ‘A’ Block, Kolkata-64. 5. The Director, S.G.Drilling division, Eastern Region, Geological Survey of India, Kolkata-91. 6. The Director, Geological Survey of India, J.C. Road, Patna. …. .. Respondents ----------- For the petitioner : Mr. Bindeshwar Prasad, Advocate Mr. Pramod Rajpati, Advocate For the respondents : Mr. Sudhir Singh, Assistant Solicitor General ------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------- Dated, the 11th November, 2008. We heard the counsel for the petitioner and perused the order dated 03rd October, 2007 passed by the Central Administrative Tribunal. 2. The counsel for the petitioner urged that the claim of the - 2 - petitioner for compassionate appointment could not have been denied for want of vacancy when the claim of the dependant of another employee, namely Parmeshwar Bera, who had died subsequent to the death of the petitioner’s father, was accepted and compassionate appointment was given to the son of Parmeshwar Bera. 3. We find from the available material that comparative merit of the candidature of the petitioner as well as Krishna Chandra Bera, son of Parmeshwar Bera, was considered by the authorities and after taking into consideration the larger dependency upon the deceased Parmeshwar Bera and lesser financial benefit received by his dependents after his death, the claim of Krishna Chandra Bera for compassionate appointment was accepted. 4. The consideration of the matter by the authorities cannot be faulted. We find ourselves in agreement with the view of the Central Administrative Tribunal. 5. Writ petition does not deserve to be admitted. It is dismissed in limine. R. M. Lodha, CJ Kishore K. Mandal, J. Sunil