IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15298 of 2010 1. RAJENDRA MEHTAR S/O LATE JAGDISH MEHTAR R/O MOH SADAR HOSPITAL , PURNEA, P.O.& P.S.K.HAT, DISTT-PURNEA Versus 1. THE STATE OF BIHAR THROUGH ITS COMMISSIONER-CUM- SECRETARY TO GOVT. HEALTH DEPARTMENT BIHAR, PATNA 2. THE DIRECTOR-IN-CHIEF DEPARTMENT OF HEALTH BIHAR, PATNA 3. THE DISTRICT MAGISTRATE -CUM-CHAIRMAN OF DISTRICT COMPASSIONATE COMMITTEE PURNEA 4. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER PURNEA FOR THE PETITONER: MR. LALAN KUMAR SINGH FOR THE STATE :S.C.6 ----------- 2. 28.04.2011 Heard learned counsel for the petitioner and learned counsel for the State. The present writ application has been filed by the petitioner seeking a direction upon the respondents to appoint the petitioner on compassionate ground because father of the petitioner was posted as Mehtar-cum-Sweeper in Sadar Hospital, Purnea who died in harness on 18.10.1983. The law on the issues is well settled not only by this court but even by the Hon’ble Supreme Court. In a very recent decision given by the Hon’ble Supreme Court, it has been held that such policies of appointment on compassionate ground may well verge on threshold of falling foul of Articles 14 and16 of the Constitution of India but so 2 long as the policy remains it has to be applied with the object for which the policy has been created. The policy is to provide immediate succor to the family to fight the economic hardship because of death of the bread-earner. The fact that the father of the petitioner died in 1983 is by itself an answer to the claim of the petitioner with regard to his right to claim such appointment. Writ has not merit, it is dismissed. Nitesh (Ajay Kumar Tripathi, J)