IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15502 of 2007 Md. Quadaruddin, son of late Md. Zainuddin, resident of Village & Post Lakhnipur Maheshpatti, P.S. Ujiarpur, Distt. Samastipur. -------- Petitioner Versus 1. The Sate of Bihar. 2. The District Magistrate-cum-Chairman, District Compassionate Appointment Committee, Samastipur. 3. The Deputy Collector, District Establishment, Samastipur. 4. The District Superintendent of Education, Samastipur. 5. The District Education Officer, Samastipur. --------- Respondents ----------- 3 2.5.2011 Having heard Mr. Basant Kumar Chaudhary, learned senior counsel for the petitioner and counsel for the State and taking into account that the petitioner’s appointment was already made on compassionate ground way back on 31.8.2006, this Court is not in a position to now reconsider the grievance of the petitioner raised in this writ application filed on 30.11.2007 as with regard to his being appointed on a Class-III post only because he was Matriculate. In the matter of compassionate appointment, the primary concern is the rehabilitation of the family of the deceased employee and, therefore, whatever vacancy was available and was offered to the petitioner should have brought an end of the matter. There cannot be an endless compassion as was 2 held in the case of State of Rajasthan Vs. Umrao Singh reported in 1994(6)SCC 560. The plea that others, despite being Matriculate, were recommended and appointed on Class-III post, would also be of no avail, inasmuch as, every unit of a department under the Government circular dated 5.10.1991 has to make its own appointment on the basis of recommendation of the committee. Here in this case, when the committee had itself recommended for appointment of the petitioner on a Class-IV post and the petitioner also had accepted such appointment, there would be now no question to go into any other aspect in the light of the law laid down by the Apex Court in the case of Umrao Singh (supra). That being so, this writ application is wholly misconceived and the same is hereby dismissed. Rsh (Mihir Kumar Jha, J.)