IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2179 of 2011 Deepa Jyoti, D/o Late Bhawesh Chandra Jha, resident of Mohalla Gandhi Nagar, Durga Sthan, Ward No.22, District Katihar--petitioner Versus 1.The State of Bihar through the Principal Secretary, Department of Human Resources Development, Government of Bihar, Patna 2.The Director, Secondary Education, Bihar, Patna 3.The District Magistrate-cum-Chairman, District Compassionate Establishment Committee, Katihar, District Katihar 4.The District Education Officer, Katihar----------------------respondents ----------- For the petitioner :M/S Pramod Mishra, Praful Chandra Thakur, Advocates For the State :Mr.Indrajeet Singh, AC to S.C.6 ----- 2. 24.8.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks a direction upon the respondent authorities to appoint her on compassionate ground. The case of the petitioner, in short, is that her father died in harness on 15.11.2005 being a Government employee. The petitioner filed an application for compassionate appointment on 2.2.2009. In the counter affidavit it is stated that the claim of the petitioner for appointment on compassionate ground has been rejected and the same has been communicated to her vide letter No.108 dated 18.2.2009 of the District Education Officer, Katihar on the ground that there is no 2 provision in the Department of Personnel and Administrative Reforms, Government of Bihar Circular dated 5.10.1991 for the appointment of married daughter on compassionate ground. Learned counsel for the petitioner submits that the case of the petitioner being only married daughter of the deceased employee ought to be directed to be considered. The law on compassionate appointment is very clear. There is no fundamental or legal right to appointment on compassionate ground which depends only on the Rules/Circulars issued by the Government. Appointment on compassionate ground in fact violates the right to equality in the matter of public employment enshrined under Article 16 of the Constitution of India. However, the same has been permitted only to relieve the immediate financial distress faced by the family of a deceased employee. Any such appointment, however, is subject to the relevant Rules or Circulars issued by the Government and no right can be claimed irrespective of what is prescribed by the said Circulars, etc. In the present case the Circular dated 5.10.1991 of the State Government does not provide for a married 3 daughter to be appointed on compassionate ground. Thus, the rejection of the claim of the petitioner by the respondent authorities cannot be considered to be illegal. The writ application being devoid of merit is, accordingly, dismissed. (Ramesh Kumar Datta,J.) Spal/