IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3833 of 2006 KUSUM DEVI Versus THE STATE OF BIHAR & ANR ----------- 02. 12.05.2010 Learned counsel for the petitioner, Ms. Nividita Nirvikar, learned Government Advocate No. 16 and learned counsel for the Accountant General are present. The writ petition had been filed for payment of dearness allowance on the family pension being paid to the petitioner by reason of death of her husband who died in harness on 25.9.1999 while posted as a Class-IV employee under the respondent no. 4, the Additional Chief Medical Officer, Jehanabad. Learned counsel for the State, with reference to, Annexures-B, C and D of the counter affidavit, filed today in course of the proceedings, copy whereof has been served on learned counsel for the petitioner on 6.5.2010, submits that as the appointment of the petitioner was admittedly on compassionate grounds, hence she was not entitled to payment of dearness allowance in terms of the law laid down by this Court. Having regard to the submissions aforesaid, there is no merit in this writ petition and it is dismissed accordingly. S.Sb/- (Jyoti Saran, J.)