IN THE MATTER OF AN APPLCIATION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA CIVIL WRIT JURISDICTION CASE No.9123 of 1996 RADHE SHYAM THAKUR S/O LATE RAMESHWAR THAKUR R/O VILLAGE-JAMIN FULBARIA, PS- JAGDISHPUR, PO- BAJANI, DISTT- BHGALPUR, PRESENTLY POSTED AS A PEON IN THE OFFICE OF DEPUTY COLLECTOR, ESTABLISHMENT,BHAGALPUR---------PETITIONER Versus 1. STATE OF BIHAR 2. DISTRICT COLLECTOR, BHAGALPUR 3. DEPUTY COLLECTOR, ESTAB. BHAGALPUR 4. DISTRICT COMPASSIONATE COMMITTEE, BHAGALPUR, REPRESENTED THOUGH ITS CHAIRMAN---RESPONDENTS. ----------- P R E S E N T HON’BLE MR. JUSTICE AJAY KUMAR TRIPATHI ***** A.K.Tripathi,J. Heard learned counsel for the petitioner and learned counsel for the State. The claim of the petitioner that he should be appointed on a Class III post instead of Class IV post under the compassionate head scheme seems to be misplaced kind of prayer because as it is the appointment under compassionate head verges on the breach of Articles 14 and 16 of the Constitution of India. The appointment under compassionate head has not been created to better ones prospect and even acquire promotional posts by way of appointment after finding an entry under the State. The Court also takes judicial notice of the fact that there is a circular of the State of Bihar which has laid down that appointment on Class III post under the compassionate head should not be resorted to because it has the effect of filling of the posts which are to be filled up by promotion and not by direct - 2 - appointments. The right of appointment under the compassionate head, as it is a tentative and weak right. Giving indulgence which the petitioner is seeking would be detrimental to service and moral of all those persons who may have a claim over a Class III post as and when they are filled up. No case for direction is made out even if there was a recommendation by District Compassionate Appointment Committee in this regard, contrary to government policy. This writ application is dismissed as being devoid of merit. Patna High Court, Patna Dated the 4th November, 2010 NAFR/ RPS/Sr.Secy. (Ajay Kumar Tripathi, J.)