IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5203 of 2009 MOST.PAVITRI DEVI, wife of late Sukh Ram Yadav, resident of Village Shahpur, PO Lalsahpur, PS Sadar,District Darbhanga …….Petitioner Versus 1. THE STATE OF BIHAR 2.The Secretary Road Construction Department, Government of Bihar, Patna 3. The Chief Engineer, National Highway, Visheshwariya Bhawan, Bailey Road, Patna 4. The Superintending Engineer, National Highway Circle, Visheshwariya Bhawan, Bailey Road, Patna 5. The Executive Engineer, National Highway, Western Division, Rajbanshi Nagar, Patna 6. The Commissioner, Patna Division, Patna 7. The Collector-cum-Chairman, District Compassionate Appointment Committee, Patna ….Respondents ----------- 02- 24.4.2009 Heard Mr. Umesh Prasad for the petitioner, and Mr. Prabhat Kumar Verma, learned Addl. Advocate General II. The petitioner claims appointment on a class IV post in the Bihar Government on compassionate ground in the capacity of the widow of the late employee. Learned AAG II opposes the writ petition. 2. We have perused the materials on record and considered the submissions of learned counsel for the parties. Sukhram Yadav, the petitioner’s husband, was a class IV employee (Roller Khalasi) in the Bihar Government, in the department of National Highway, West Division, Patna. He died on 5.1.1990 while still in harness. The petitioner had submitted an application for her appointment on compassionate ground in place of her late husband. In view of the inaction on the part of the respondent authorities, the petitioner had preferred CWJC No. 10995 of 2005, which was disposed of by order dated 24.1.2006, whereby the respondent authorities were directed to - 2 - consider the petitioner’s case on merits. The respondent authorities have considered her case and passed the impugned order dated 27.3.2006 (Annexure 9), whereby the petitioner’s case has been rejected on the ground that she is completely illiterate, whereas the minimum educational qualification for class IV employee is upto Class VIII. This is a valid ground for rejection of the petitioner’s claim. 3. Law is well settled that public employment in this country is a national wealth and every citizen should have unrestricted access to the same which can be ensured only after the posts are advertised giving wide publicity so that every eligible person has the opportunity to apply for consideration. Appointment on compassionate ground is really a back-door entry and is based on descent, except where the provision of law or the policy decision of the employer permits it. Appointment on compassionate ground has been upheld by courts so that the family, left high and dry on account of sudden demise of the bread-winner of the family, is able to tide over the crisis and not rendered destitute. If, however, the appointment on compassionate ground is not made within a reasonable time, then the law presumes that the family has been able to tide over the crisis in the meanwhile. The petitioner’s case is hit on account of delay also. The impugned order in so far as it concerns the petitioner, cannot be faulted. - 3 - 3. The writ petition is accordingly dismissed. ( S K Katriar ) mrl