IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.90 of 2011 1. Arvind Kumar Arun , S/o Late Shivdeo Yadav, resident of village – Hasauti Tola, Raghunandan Bigha, P.O. Kunda, PS+ District Aurangabad 2. Dhananjay Paswan, S/o Late Ganesh Prasad Paswan, resident of village + PO+PS. Madanpur, District- Aurangabad 3. Mukesh Kumar, S/o Late Bishwanath Singh, resident of village Balikarma, P.S. Jamhore, District- Aurangabad 4. Purushottam Kumar Singh, S/o Late Bashisth Narayan Singh, resident of village- Dhamani Khaira, P.S. Kasma District- Aurangabad ...Appellants Versus 1. The State Of Bihar 2. The District Magistrate, Aurangabad 3. The District Education Officer, Aurangabad 4. The District Superintendent of Education, Aurangabad 5. Pushpendra Kumar, S/o Late Chandradeo Singh Yadav, resident of village Mahuabigha, P.S. More, District- Aurangabad 6. Harendra Kumar, S/o Late Chandrika Singh, resident of village Shekhpura, P.S. Barun, District- Aurangabad ......Respondents ----------- For the appellants: Mr. Rajendra Prasad Singh, Sr. Advocate Mr. R. K. Singh, Advocate Mr. Onkar Kumar, Advocate For the State: Mr. Rishi Raj Sinha, GP 19 ------------ 5 05-07-2011 Heard the parties. The appellants have been appointed on class IV posts on the ground of compassion. Their grievance is that the writ court has directed for considering the case of writ petitioner no.2 for appointment on a class III post, if available, as per law only because he had not joined class IV post offered to him, whereas it has rejected the case of appellants because they had joined class IV post. Ordinarily, compassionate appointment cannot 2 be claimed as a matter of right and once appointed on compassion, all claim for such appointment looses its life. However, in the peculiar facts of present case when the authorities have been directed to consider the case of respondent no.5/ writ petitioner no.2 only because he had not joined the class IV post offered to him, in the interest of maintaining equality, we grant liberty to the State to consider the case of appellants also together with that of respondent no.5 for appointment to class III posts in case they are found eligible for the same and posts are existing. Such consideration of claims of the appellants must reach finality expeditiously, preferably within a period of three months from today. The appeal is disposed of. BKS/- (Shiva Kirti Singh, J.) (Shivaji Pandey, J.)