IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18083 of 2009 1. RAKESH KUMAR S/O LATE VIJAY KANT TIWARI R/O MOH SACHCHIDA NAND NAGAR, NAYA TOLA, P.S.TILKA MANJHI ,DISTT-BHAGALPUR Versus 1. THE STATE OF BIHAR 2. THE DISTRICT COMPASSIONATE APPOINTMENT COMMITTEE BHAGALPUR,DISTT-BHAGALPUR THROUGH THE CHAIRMAN 3. THE DISTRICT MAGISTRATE BHAGALPUR-CUM -CHAIRMAN, THE DISTRICT COMPASSIONATE COMMITTEE, BHAGALPUR 4. THE DEPUTY COLLECTOR (ESTABLISHMENT ) DISTT- BHAGALPUR ----------- 2. 15.3.2010 Heard learned counsel for the petitioner and the State. The petitioners are the widow and son of the deceased employee claiming compassionate appointment for the son of the deceased petitioner no. 2 alone. The impugned order dated states that the claim was rejected on 5.7.2005 as his another son/brother of the petitioner was already in employment. Learned counsel for the petitioners fairly states that another son of the deceased is employed in the Bank but was not looking after the family members. The refusal in 2005 was never communicated. Counsel for the State submits that the policy regulating compassionate appointment does not make petitioner no. 2 eligible in view of the employment of his brother already. 2 Even if the order of rejection is dated 5.7.2005 communicated on 29.10.2009, in the facts and circumstances of the present case, this Court is not satisfied that it washes away the fact that the petitioners are not in destitute and penury as they have well survived for over four years when they have had the where with all for survival. Compassionate appointment is an exception. If the Government policy provides that if any family member was in employment that shall be a disqualification, this Court has to go strictly by the policy. The refusal of the son/brother to look after the petitioners may be a good ground to invoke Section 125 of the Cr. P.C. In view of the order of the Division Bench reported in 2004(2) PLJR 453, it cannot form a ground to claim compassionate appointment. The application is dismissed. P. Kumar (Navin Sinha, J.)