IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17558 of 2011 Indra Mohan Mishra S/o Late Jai Raman Mishra R/o village Anjhaul, P.O. Anjhaul, P.S. Bahadurpur, Distt. Darbhanga------- -------------------------------------Petitioner Versus 1. The State Of Bihar 2. Collector cum District Magistrate, Darbhanga------------------- ----------------------------------------Respondents ---------------------------------- 2 21.11.2011 Heard learned counsel for the parties. Father of the petitioner died in the year 2008. Claim has been made by the petitioner for compassionate appointment. It is evident from the assertion made in the writ petition that appointment of the father of the petitioner was annulled or in other words he stood dismissed from service and that position continued till his death. If there was no master and servant relationship subsisting between the father of the petitioner and the respondents the claim of the petitioner for compassionate appointment does not arise unless a decision for setting aside the order of dismissal is passed by the competent authority. Since the father of the petitioner was not in employment this writ petition has no merit and no direction can be issued on the claim of the petitioner for compassionate appointment. Writ petition is dismissed. RPS (Ajay Kumar Tripathi, J.)