IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16554 of 2007 Anup Kumar, son of late Brajesh Narayan Sinha, resident of House No. 18A, South of Janta Road, Kranti Path, P.S. Gardanibagh, P.O. – G.P.O., Patna-800001. ------ Petitioner Versus 1. The State of Bihar, through Chief Secretary, Govt. of Bihar, Patna. 2. The Home Secretary, Govt. of Bihar, Patna. 3. The District Magistrate, Patna cum Chairman, Compassionate Committee, Patna. 4. The Director General (P), Bihar, Patna. 5. The Inspector General (Personnel), Police Headquarters, Patna. 6. The Deputy Inspector General (Personnel), Police Headquarters, Patna. 7. The Commandant, B.M.P.-10, Patna. ----------- Respondents ----------- 2 13.4.2011 Heard Mr. Shivajee Pandey, learned senior counsel for the petitioner and counsel for the State. The petitioner seeks a direction from this Court for appointment on compassionate ground on a Class-III post of Clerk and to that extent, he has a grievance that when the District Compassionate Appointment Committee had recommended the case of the petitioner either for being appointed in Class-III post or Class-IV post, the decision of the authority to place him on the post of Constable in the establishment of Bihar Military Police (B.M.P.), is wholly 2 unjustified. Mr. Pandey, learned senior counsel would point out that the petitioner is a qualified person having graduation degree as also knowledge of computer and typing and, therefore, when it has also come on record that the petitioner was physically unfit to do the job of Constable, he ought to have been appointed on Class-III vacant post of Clerk. In course of making such submission, Mr. Pandey has also indicated that the petitioner will not mind if being offered a Class-IV post of Peon or any equivalent post, which can have lesser pay-scale than the one being given to him as a Constable. Choice of post to a person seeking compassionate appointment is absolutely unheard-of inasmuch as wherever there is a vacancy on any post, the person if offered a job on compassionate ground will have to join it. If he does not want to accept such appointment, he may refuse it but then, he cannot compel the authority to create a post of his choice for him. In the present case, the father of 3 the petitioner was an employee of the B.M.P. establishment where most of the vacant posts are only that of Constable. If the petitioner did not want to work on the post of Constable on account of being unfit due to his own physical problem, he could have asked for any other lower post but, that he did not do so. The repeated representations of the petitioner are by themselves proof of the fact that the petitioner had kept on pressing for his appointment on the post of Clerk in the B.M.P. establishment, which could not be found out due to lack of a vacant sanctioned post of Clerk. In that view of the matter, the grievance of the petitioner for being given a Class-III post of Clerk must be and is hereby rejected. If however the petitioner wants an inferior post to the post of Constable and if there be some vacancy on such post of Peon or any other equivalent post, the authorities may consider the case of the petitioner for his appointment on compassionate ground against such post within a period of six weeks from the date of receipt/production of 4 a copy of this order but, then, in the event they would reject such claim for the petitioner for want of vacancy, they would be required to record reasons. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)