IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10924 of 2009 BABY GUPTA Versus THE STATE OF BIHAR & ORS ----------- 2 14.10.2009 Heard Counsel for the petitioner and the counsel appearing for the State. Petitioner has filed this application for quashing the order dated 23.7.2008 contained in letter No. 1390 issued by the District Education Officer, Aurangabad, rejecting the claim of the petitioner for compassionate appointment. Petitioner’s case is that being the daughter and sole legal heir of Ram Mani Devi, Peon in the Government Girls’ High School,Obra at Aurangabad, who died in harness on 15.1.2008, petitioner is entitled for appointment on compassionate ground. Even though a married lady, althrough she resided with her mother and totally dependend on her earnings. The reason for total dependence on her mother’s earning as shown in the petition is her husbands’ insanity, due to which he is unable to earn his livelihood and maintain his wife and family. The rules and the guidelines, governing compassionate appointment provides for the category of persons who can claim for compassionate appointment, in case of the death of any Government employee in harness. Unmarried daughters, Son, widow daughter-in- law, husband and wife have been put in that category, and thus can claim for compassionate appointment, but so far married daughters are concerned, they are excluded from that category. The application for compassionate appointment filed by the petitioner, in this - 2 - circumstance was rightly rejected by the District Education Officer, Aurangabad. Since application for compassionate are always recommended by Departmental authority to the Compassionate Committee, examining the governing of claim and eligibility of the applicant, the Departmental authority has jurisdiction either to recommend or reject it. The order of District Education Officer is not without jurisdiction and this submission has no substance. District Education Officer has rightly rejected petitioner’s application considering, her entitlement. Petitioner has placed reliance on a decision reported in the case of Aarti Vs. State of Bihar and others ( 2004(4) BLJR 653), but the facts of the reported decision is completely different from the facts of the present case, as such, it has no application in the case of the petitioner. This application is dismissed. (Mridula Mishra,J.) A.Kumar