IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12471 of 2009 SITA RAM SINGH Versus THE STATE OF BIHAR & ORS ----------- 2. 06.10.2009 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner seeks the relief for appointment on compassionate ground on demise of his father in harness on 9.11.2006. His claim has been rejected on the reasoning that his elder brother was employed in Indian Army and that there were certain orders of this Court that if any member of the family of the deceased was in government service, no compassionate appointment could be given to any other family member of the deceased. Learned Counsel for the petitioner contended that brother of the petitioner obtained employment and separated from the family in the life time of the father and therefore question of his being a supportive factor to the family and thereby denying consideration for compassionate appointment to the petitioner was not in consonance with law. Learned Counsel for the State supported the impugned order of rejection. Appointment on compassionate ground is an exception to the normal mode of appointment by competitive process amongst all eligible candidates prescribed for in Article 14. To the extent that the compassionate appointment makes an inroad in to a regular appointment Courts have repeatedly held that any claim for compassionate appointment can only be strictly in terms with the rules/circulars/guidelines regulating compassionate appointment. Though the matter was adjourned yesterday for the purpose learned Counsel for the petitioner submits that he is not in a position to assist the Court with regard to the policy for compassionate appointment in cases of the present nature and the exception, if any, carved out thereunder. So much so the earlier orders of this Court have also not been brought on record by the petitioner. This Court therefore finds it difficult to pass any positive orders. No useful purpose shall be served by keeping the writ petition pending since that may itself frustrate the urgency of compassionate appointment, if the petitioner is otherwise found eligible. The writ petition is therefore disposed with a liberty to the petitioner to file a representation before the authority concerned setting out details of the government policy and explaining how in his view he still falls within the policy, notwithstanding that his brother may be in government service and if it be so and the authorities be otherwise satisfied with the applicability of the policy to the petitioner his case shall then be considered by them in accordance with law. It is expected that after the petitioner files his representation the authorities shall dispose of the same expeditiously by taking an appropriate decision without unnecessary delay. Snkumar/- (Navin Sinha,J.)