IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.240 of 2009 Binay Kumar Singh @ Vinay Kumar Singh, Son of Late Dinanath Singh, Resident of Village-Bhusaula, Police Station-Darihat, District- Rohtas. ……Petitioner..Appellant. Versus 1. The State of Bihar through the Deputy Secretary of the Govt. Personnel and Administrative Reforms Department Bihar, Patna Situated in Old Secretariat, P.S. Sachiwalaya, District-Patna. 2. The District Magistrate, Rohtas at Sasaram, P.S.-Sasaram, District-Rohtas. 3. The Engineer-in-Chief, Minor Irrigation, New Secretariat, Patna, New Secretariat, P.S. Sachiwalaya, District-Patna. 4. That Executive Engineer, Minor Irrigatioin, Bhabhua Division, Bhabhua, P.S. Bhakua, District-Kaimur. 5. The District Compassionate Appointment Establishment Committee Rohtas at Sasaram, P.S.-Sasram, District-Rohtas. 6. Shri Neel Kaml, son of Aruna Shia Singh, resident of Mohalla- Sasaram (in the office of Civil Surgeon Sasaram Hospital), P.S. Sasaram, District-Rohtas. 7. Shailesh Son of Late Tej Narayan Pd. Singh, resident of Assistant Teacher Damodarpur, Rohtas. 8. Manoj Kumar Singh, son of late Gauri Shankar Singh, Assistant Teacher Dinara, P.S. Dinara, District-Rohtas. ……Respondents-Respondents. 9. Barti Kuer Wif of Late Dina Nath Singh, resident of Village- Bhusauala, Police Station-Darihat, District-Rohtas. …..Petitioner..Responent. ----------- 05. 03.08.2009 Heard learned counsel for the appellant and learned counsel for the State. Although no counter-affidavit has been filed but the matter has been argued on merits. Appellant/petitioner was appointed on compassionate ground on Class-IV post in the year 1999. - 2 - Some others were subsequently appointed on compassionate ground on Class-III post. Petitioner filed writ petition in the year 2006 for claiming Class-III post by way of compassion. The law is well settled as discussed by the writ court that compassionate appointment can not be maintained after several years when the crisis is already over. It is also settled law that an appointment offered by way of compassion can either be accepted or rejected but subsequently the beneficiary can not claim a higher post on compassion alone. We find no good reasons to take a different view in the matter because the writ court has considered the facts and the law in proper perspective. We find no merits in this appeal. It is accordingly dismissed. Vikash/- (Shiva Kirti Singh, ACJ.) (Anjana Prakash, J.)