IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1707 of 2010 1. Kanti Devi, W/O late Sheo Pujan Sah. 2. Vijay Kumar S/O Late Sheo Pujan Sah, both are resident of Karn Kudarian (Rajapatti Gola) P.O. Dumarsan Bangra, P.S. Masharakh, Distt. Saran ------ Petitioners. Versus 1. The Union of India through the Director General of Post, Ministry of Communication, Dak Bhawan, New Delhi. 2. The Chief Post Master General, Bihar Circle, Patna. 3. The Chairman Circle Relaxation Committee, Department of Post C/o C.P.M.G., Bihar, Patna. 4. The Director Accounts of Post, Patna. 5. The Superintendent of Post Offices, Siwan Division, Siwan, ------ 2. 4.2.2010 Heard Mr. Suresh Prasad Singh No.1 for the petitioners, and Mr. Satyendra Kumar Jha for the respondents. 2. This writ petition is directed against the order dated 5.1.2009 (Annexure-2), passed by the learned Central Administrative Tribunal, Patna Bench, Patna, in O.A. No.18 of 2007 (Smt. Kanti Devi & Ors. Vs. The Union of India and Others), whereby the original application filed by the present petitioners has been rejected. The prayer of the petitioners for a direction to the respondent authorities to appoint petitioner no.2 on compassionate ground has not found favour with the Tribunal, and has upheld the 2 order dated 4.10.2006 (Annexure-1), declining appointment on compassionate ground. 3. While assailing the validity of the impugned order, learned counsel for the petitioners submits that the order marked Annexure-1 is cryptic, suffers from non- application of the mind, and does not take into account all the relevant aspects of the matter. He next submits that law is well- settled that grant of terminal benefits can not be a ground to decline appointment on compassionate ground. He relies on the judgment of the Supreme Court reported in (2000)6 S.C.C. 493, Balbir Kaur and another Vs. Steel Authority of India Ltd. and others). He lastly submits that the learned Tribunal has rejected the original application on untenable grounds. 4. Learned Counsel for the respondents supports the impugned order. 5. We have perused the materials on record and considered the submissions of learned counsel for the parties. It appears that Shiv Pujan Sah (deceased) died on 26.11.2003, when he was 55 years of age. He 3 left behind his widow, two major sons, and three daughters. It is evident on a perusal of the order of the learned Tribunal that the daughters are married, and the sons are major. The widow received a sum of Rs. 5,38,253/- by way of post-retirement benefits. It thus appears to us that it is not one of those cases where family was destitute and needed State help. Law is well settled that public employment in the country is a national wealth, and every citizen should have unrestricted access to the same which is possible only by advertising the posts to give the vacancies wide publicity so that every eligible person is in a position to apply for consideration of his case. The Court has, therefore, set its face against back-door entries including compassionate appointment which is based on descent. However, appointment on compassionate ground is permissible under certain circumstances if provided in the Rules, or by way of administrative instructions, or a policy decision, capable of uniform application. It can be given if the demise of the employee has left the 4 family in a State of financial hardship and is great need of succour, he had served the employer well and with devotion, etc. In the facts and circumstances of the present case, we are of the view that appointment on compassionate ground should be declined. We agree with the order of the Tribunal. 6. The writ petition is dismissed. Vinay/ ( S. K. Katriar,J. ) (Kishore K. Mandal, J.)