IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15564 of 2009 1. JIWAN KUMAR S/O LATE JAI NARAYAN PRASAD YADAV R/O VILL.- MAHUA, P.O.- ARRAHA, P.S.- GHAILARH, DISTT.- MADHEPURA AT PRESENT- MOHALLA- BHIRKHI, WARD NO.- 25, MISSION ROAD, P.S.- MADHEPURA, DISTT.- MADHEPURA Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA 2. THE REGIONAL DY. DIRECTOR OF EDUCATION, KOSHI DIVISION, SAHARSA 3. THE COLLECTOR, MADHEPURA 4. THE DISTRICT EDUCATION SUPERINTENDENT, SAHARSA 5. THE DISTRICT EDUCATION SUPERINTENDENT, MADHEPURA ----------- 02/ 03.03.2010 Heard counsel for the petitioner and counsel appearing for the State. Petitioner has filed this application for a direction to the respondents to consider his case for compassionate appointment as his father died in harness after serving as a government employee for more than 22 years. Petitioner’s father died on 16.2.1982. At the time of his father’s death the petitioner was a minor. After gaining majority he has filed his application for compassionate appointment on 17.7.2009 i.e. after 27 years of his father’s death. The compassionate appointment is a provision for benefit of family members of such government employee, who dies in harness leaving the family in a situation where they are left without any financial help. The issue relating to compassionate appointment in the matters of such family - 2 - which survived for a long time after the death of its bread earner even without any compassionate appointment has been settled and decided; compassionate appointment cannot be claimed as a matter of right. It is a tool given in the hands of such family members, whose bread earner has suddenly died and the family is left with no source of income. In cases where, family has survived for 27 years, there is no reason for allowing compassionate appointment to any legal heir of such government employee. I do not find that petitioner as a matter of right can claim for compassionate appointment. This application is dismissed. DKS/ (Mridula Mishra, J.)