IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.451 of 2009 KAPIL RAI SON OF LATE BRAHMDEO RAI, RESIDENT OF VILLAGE PAITHANI NATHUPUR, P.S. PHULWARI SHARIF, DISTT. PATNA…. APPELLANT. Versus 1.THE STATE OF BIHAR 2.THE DISTRICT MAGISTRATE CUM CHAIRMAN, DISTRICT COMPASSIONATE COMMITTEE, PATNA. 3. THE SUPERINTENDING ENGINEER, SOUTH BIHAR CIRCLE, BUILDING CONSTRUCTION DEPTT., PATNA. 4. THE EXECUTIVE ENGINEER, BUILDING CONSTRUCTION HOUSING DEPTT., GARDANIBAGH, BUILDING DIVISION, PATNA. 5. MUNNIROY SON OF LATE BRAHMDEO RAI, RESIDENT OF VILLAGE PAITHANI NATHUPUR, P.S. PHULWARI SHARIF, DISTRICT PATNA. --- RESPONDENTS. ----------- 3/ 30-04-2009 Appellant is the elder son of an employee who died in harness. Counsel for the appellant contended that the appellant wants to his appointment on any Class- 4th post. For appointment in Class-4th post the minimum requirement is prescribed as standard 8th passed. Admittedly the appellant has not possessed the said qualification. Therefore, the appellant was not given appointment and his younger brother Munny Roy was given appointment. Normally, if the appellant was qualified for the said class-4th post, he would have been given appointment. But unfortunately he was not qualified. Contention is that the said qualification is prescribed for the general employees in the open quota as the minimum qualification is prescribed as Std. 8th passed for appointment on Class IVth post. Several writ - 2 - applications were filed before this Court as certain appointments were refused who have no education qualification and certain illegal persons were given appointment. On the basis of the direction of this Court in 2002 Government fixed minimum qualification of class IV post. The petitioner was not able to pass Std. 8th. In that view of the matter, the impugned order cannot be said to be arbitrary. Generally compassionate appointment is given for the subsistence of the demised family to get over immediate final dependant. It cannot be claimed as a matter of right. Compassionate appointment is exception of the normal rule. Since the petitioner was not obtained the minimum qualification, we cannot issue a writ of mandamus to appoint the petitioner. We are of the view that there is no ground to interfere in the impugned order. This appeal is dismissed. The retirement benefits, if any, shall be paid to the persons who are entitled to it according to law. BTiwary/ ( J. B. KOSHY, CJ ) ( Dr. Ravi Ranjan, J )