IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2323 of 2004 Rohit Ranjan, aged 27 years, son of late Ravi Shankar Srivastava, resident of Village Jaipur, P.S. Andar, District Siwan. -------- Petitioner Versus 1. The State of Bihar through Chief Secretary, Government of Bihar, Patna. 2. The District Magistrate, Siwan. 3. The District Superintendent of Education, District Siwan. 4. The District Compassionate Establishment Committee, Siwan. ------- Respondents ----------- 4 29.10.2010 Having heard Mr. Ganesh Prasad Singh, learned senior counsel for the petitioner and counsel for the State, this Court must hold that the claim of appointment of the petitioner on compassionate ground was rightly rejected by the authority, inasmuch as, the mother of the petitioner was still in Government service. The compassionate appointment cannot be claimed as a matter of right and is a matter of policy. If the policy of the State Government of Bihar clearly envisages that in the event of either of the spouse is still in service, the dependent of such family will not be entitled for employment on compassionate ground, such policy cannot be held to be bad. The object of the compassionate appointment has been in fact explained time without number by the 2 Apex Court in the case of Umesh Kumar Nagpal Vs. State of Haryana & Ors. reported in 1994 AIR SCW 2305 and accordingly, this Court would find that when there was already one bread earner in the family still in the Government service, the petitioner was not required to be appointed on compassionate ground. Considering all these aspects, this Court would find no merit in this application and the same is hereby dismissed. Rsh (Mihir Kumar Jha, J.)