IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11937 of 2006 BABLOO BHAGAT Versus THE STATE OF BIHAR & ORS ----------- 4. 29.10.2009 Heard learned counsel for the petitioner and the State. No one appears on behalf of Respondent no. 3, though counter affidavit has been filed. The short question involved in this writ application is whether the petitioner as son of the employee deceased in harness is entitled to be considered for compassionate appointment, if the deceased had herself been appointed in Government service on compassionate ground when her husband was deceased in harness. The impugned order of rejection while noticing a Government circular with regard to persons like the petitioner abruptly concludes that it would become an appointment by descent. Appointment on compassionate ground is an exception to Articles 14 & 16 of the Constitution of India. Therefore, the Courts have held that there is no right to compassionate appointment except in accordance with and under the policy regulating the same. If an applicant comes within the terms of the policy then unless the policy be modified or revoked, he has a right to be considered. The Respondent-State in their counter affidavit have themselves enclosed a Government order dated 18.5.2005 that the legal heirs of one himself appointed on compassionate ground but deceased in harness is also entitled to be considered. If the 2 Respondents have framed a policy and which covers persons like the petitioner, any denial by finding fault with the Government instruction is not sustainable unless the instruction itself be set aside. This shall of course be subject to other requirements of eligibility for appointment, vacancy position etc. The impugned order dated 8.12.2005 in so far as the petitioner is concerned, for reasons mentioned therein is not sustainable in light of the Government instruction dated 18.5.2005 itself. It is, accordingly, set aside in so far as the petitioner is concerned only. Let such consideration in accordance with law be done within a maximum period of three months from the date of receipt and/or production of a copy of this order. The writ application stands disposed. AKS/ (Navin Sinha, J.)