IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9189 of 2007 Arvind Kumar, son of late Krishna Prasad No.3, Resident of Mohalla Dakshni Gali, P.S. Alamganj, District Patna. ------ Petitioner Versus 1. The State of Bihar through the Secretary, Department of Health Education, Health Services, Bihar, Patna, New Secretariat Building, Patna. 2. The District Magistrate cum Chairman to the Compassionate Committee, Patna. 3. Superintendent, Patna Medical College and Hospital, Bankipur, Patna-4. 4. Principal, Patna Medical College and Hospital, Bankipur, Patna- 4. ------- Respondents ----------- 2 6.4.2011 Heard learned counsel for the petitioner and counsel for the Stat. While there are a number of issues which has led to rejection of the case of the petitioner for his appointment on compassionate ground, this much cannot be denied by him that his both parents were in Government service and the Government policy of compassionate appointment clearly prohibits appointment of a dependant of a Government servant, who dies in harness leaving behind the other spouse still in Government service. Once this aspect becomes clear, the appointment of the petitioner on compassionate ground cannot be made, inasmuch as, even when his father had died on 2 17.5.2003, his mother was in employment and working as a Nurse in Patna Medical College and Hospital. The only submission in this regard of the learned counsel for the petitioner that the parents of the petitioner were living separately for a long period and, therefore, the Government policy prohibiting such appointment on compassionate ground would not apply in the facts of the case of the petitioner, has to be only noted for its being rejected. The Government policy does not talk of living separately, which would carve out an exception under the Government policy of not appointing the dependant of a deceased Government servant, whose one of the parent is still continuing in service. Living separately of a married couple will also not amount to either judicial separation or divorce so as to end the relationship of husband and wife. Till the husband and wife are not judicially separated by a decree of divorce, the marriage subsists and, therefore, when the mother of the petitioner was still alive and in Government service on 3 the date of death of the father of the petitioner, the petitioner in view of Government policy dated 5.10.1991 will not be entitled for appointment on compassionate ground. That being so, this application is wholly misconceived and the same is accordingly dismissed. Rsh (Mihir Kumar Jha, J.)