IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17377 of 2010 1. NAND KISHORE ROY S/O LATE LUXMI NARAIN ROY R/O VILL +P.O.BANDA, P.S. HATHAURI, DISTT- SAMASTIPUR Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY , DEPARTMENT OF HUMAN RESOURCE DEVELOPMENT BIHAR, PATNA 2. THE DIRECTOR, SECONDARY EDUCATION , DEPARTMENT OF HUMAN RESOURCE DEVELOPMENT BIHAR, PATNA 3. THE COLLECTOR CUM CHAIRMAN DISTRICT COMPASSIONATE COMMITTEE DARBHANGA 4. THE DISTRICT SUPERINTENDENT OF EDUCATION DARBHANGA 5. THE DISTRICT EDUCATION OFFICER DARBHANGA ----------- 2 12/05/2011 Petitioner being a Class IV employee has approached this Court for a wind fall after getting appointment in that capacity. Primary object of giving compassionate appointment is to reach out to the family in distress because of sudden death of the bread earner of the family. Petitioner was given appointment way back in the year 2008 on Class IV post and he accepted the same and has been working since then. He got provoked or enthusiased to file the present writ application because in a certain set of facts, the High Court in a decision contained in annexure-7 gave a direction for consideration of the case of that petitioner for his joining - 2 - in Class III post in the facts and circumstances noted above. How the petitioner seeks such a parity with said decision is not understood because it is only much later that he started agitating that some similar persons have been appointed on Class III posts and he has been appointed on a class IV post. Appointments of such kind are based on many a factor which includes educational qualification, availability of posts and the claimants who are waiting patiently for a break of such a kind over the years. Merely making bald allegation that he has been discriminated by giving Class IV post will not compel this Court to give any direction upon the respondents to re-open the issue because the primary object of giving employment to the petitioner under compassionate head has already been achieved and this benefit, any way, has been granted in breach of Articles 14 and 16 of the Constitution of India because there are many a persons, may be better qualified and more needy who could have got break in life, if only the post in question was duly advertised and the vacancies filled up by normal mode - 3 - but since the petitioner is a beneficiary of a special policy, he should be more than satisfied rather than to move this Court for a Class III post. If he is not satisfied, let him walk out of the employment which has been given to him and seek appropriate opening dependent upon his educational qualification and capability, if he has one. No direction is required to be given in the above stated facts. This writ application is dismissed. AMIN/ (Ajay Kumar Tripathi, J.)