IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12709 of 2006 RINA KUMARI Versus THE STATE OF BIHAR & ORS ----------- For the petitioner: Mr. Nityana Mishra, Advocate For the State : Mrs.Anita Kumari Singh, A.C. to G.P.XI --- 2. 20.4.2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks appointment on compassionate ground on the death of her father. The father of the petitioner, who was a Government employee, died while in service on 28.11.1997. The admitted position is that the petitioner was married at the time of the death of her father. She was also having three children. The mother of the petitioner pre-deceased her father. Therefore, the petitioner applied for appointment on compassionate ground on 25.6.1998. In the counter affidavit filed on behalf of the State, it is stated that the claim of the petitioner has been rejected by order contained in letter No. 2196 dated 23.10.2006 on the ground that the petitioner was a married daughter, whereas under the relevant Circular No. 13293 dated 5.10.1991 of the Department of Personnel and Administrative Reforms only unmarried daughter is eligible for appointment on compassionate ground. - 2 - Learned counsel for the petitioner in support of her claim relies upon the decision of a Division Bench of this Court in the case of Union of India and others vs. Sajana Sharma and others: 2002(3) BLJ 573. From a perusal of the said decision, it is evident that in that case the applicant for appointment on compassionate ground, namely, respondent, Sajana Sharma, was unmarried at the time of death of her father and also at the time when she made her application for compassionate appointment. Thereafter, the appointment letter was also issued but before she could be appointed she got married and her appointment was cancelled on the said ground. Taking into consideration the said fact that the attitude of the Railway Administration was unbecoming of it, the Division Bench of this Court directed that the petitioner, who was qualified for appointment when she had made an application, could not be denied the appointment on compassionate ground. The facts of the present case are different from that of the aforesaid case. It is established that any claim for appointment on - 3 - compassionate ground can only be made on the basis of the Circular or statutory Rules framed by the employer and it cannot be granted on any general principle of law, since as a matter of fact any appointment on compassionate ground is prima facie contrary to the bar of giving public employment on the ground of descent under Article 16 of the Constitution of India. Hence, any appointment on compassionate ground cannot be given de hors the Circular or the statutory Rules. In the said circumstances, this Court does not find any merit in the writ application and it is, accordingly, dismissed. VPS ( Ramesh Kumar Datta, J. )