IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15537 of 2009 1. SANJEEV KUMAR S/O LATE BHUVNESHWAR PRASAD JAISWAL VILL.- SAHU TOLA, BHAVANIPUR, P.S.- GOPALPUR, DISTT.- BHAGALPUR Versus 1. THE STATE OF BIHAR THROUGH ITS PRINCIPAL SECRETARY DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, GOVERNMENT OF BIHAR, PATNA 2. PRINCIPAL SECRETARY DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE-CUM-CHAIRMAN OF DISTRICT COMPASSIONATE APPOINTMENT COMMITTEE BHAGALPUR 4. THE DISTRICT SUPERINTENDENT OF EDUCATION BHAGALPUR ----------- 2/ 04/12/2009 Heard learned counsel for the petitioner and learned counsel for the State. The relief prayed is for grant of regular pay-scale contrary to the fixed payment granted on the post of Panchayat Shikshak made on compassionate grounds after the death of the father of the petitioner in harness. Compassionate appointment is provided to the ward of a government servant under a policy decision. Making an inroad into Articles-14 and 16 of the Constitution, satisfied of the penury and destitute suffered by the family of the deceased and the pressing urgency for survival the State grants compassionate appointment. It cannot then contend that it grants compassionate appointment at its absolute discretion de hors the policy, to make the nature of the appointment precarious at 2 the will of the State to be withdrawn on any day that it desires by terming it as contractual. If the policy prescribes appointment in government service, the appointment has to be made in government service on a government post with the sanctioned pay-scale. This is exactly what the Government notification dated 17.10.2008, photo copy of which was placed before this Court, provides for. Let the same be retained on the record. It prohibits the nature of the contractual appointment given to the petitioner. In C.W.J.C. No.5188/09 this Court was considering a similar matter when it observed that purely administrative issues are thrown upon this Court in the form of unwarranted litigations. There is already a government instruction. Officials of the Government defy the instruction with impunity generating litigation. In C.W.J.C. No.5188/09 this Court observed “ This Court also requires respondent No.2 to hold an administrative enquiry why this litigation was generated by the administrator concerned and take 3 appropriate disciplinary action”. This writ petition is allowed with similar directions for grant of regular pay-scale on a government post to the petitioner in light of the government instruction dated 17.10.2008 inclusive of the directions noted aforesaid for appropriate disciplinary action against the concerned. The writ application stands allowed. KC ( Navin Sinha, J.)