IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2312 of 2007 MANOJ KUMAR Versus STATE OF BIHAR & ORS ----------- 02 03/03/2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner came to be recommended for compassionate appointment on the post of Warden on 12.5.2004. The order states that it was to be done in accordance with law. The show cause of the opposite parties states that by a notification dated 17.1.2004, the height prescribed for appointment of Warden was 165 C.m and that by another notification dated 26.10.2004 it was clarified that the physical and medical efficiency for the post of Warden is same as District Police. The petitioner after consideration has been denied appointment on the grounds of his height recorded as 157 C.m only. Learned counsel for the petitioner submits that the recommendation for compassionate appointment was made on 12.5.2004. Prior to that date there was no direction for eligibility of height for appointment of a Warden, which was otherwise prescribed for the district Police, when it was made applicable for persons like the petitioner on 26.10.2004 2 for appointment in the Central Jail. The recommendation has to be considered without any requirement of height. An appointment on compassionate ground is an exception to the normal mode of appointment. The recommendation for appointment itself stated that it was to be done in accordance with law. A mere recommendation for appointment on compassionate grounds does not tantamount to appointment. Before such appointment is made, it can be withdrawn for valid reasons or conditions imposed in accordance law. Likewise, if before the recommendation could fructify into an appointment a requirement of height was incorporated and his recommendation itself stated that it was to be considered in accordance with law, this Court finds it difficult in the contempt jurisdiction to proceed against the opposite parties for willful disobedience of the order of this Court. This Court is satisfied that no case for proceeding in contempt jurisdiction is made out. The contention of the petitioner that he belongs to the Scheduled Caste category and is required to fulfill different requirement of height as also he is entitled to certain relaxation thereunder etc. are the 3 matters to be appropriately considered in the writ jurisdiction alone which may be pursued by the petitioner if so advised. The application stands disposed. P.K. ( Navin Sinha, J.)