IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4978 of 2008 Renu Kumari, Daughter of Late Ganga Prasad Yadav, resident of Village Mahadeva, P.O. Kariaut, P.S. Loukhi, District Madhubani. ------ Petitioner Versus 1. The State of Bihar through the Secretary, Human Resources & Development Department, Patna. 2. The Secretary, Human Resources & Development Department, Govt. of Bihar, Patna. 3. The Director, Secondary Education, Govt. of Bihar, Patna. 4. District Compassionate Appointment Committee through the District Magistrate, Samastipur. 5. The District Magistrate, Samastipur. 6. The Deputy Development Commissioner, Samastipur. 7. The Headmaster, Government High School, Bathua Bujurg, Sarairanjan, Samastipur. --------- Respondents ----------- 2 21.4.2011 Heard learned counsel for the parties. The petitioner seeks a direction from this Court for her appointment on compassionate ground on a Class-3 post. Mr. Dhrub Mukherjee, learned counsel for the petitioner would submit that true it is that after the death of the father of the petitioner in harness on 19.11.2002, the petitioner was appointed on 12.8.2005 in view of the recommendation of the District Compassionate Appointment Committee dated 5.7.2005 against a Class-4 post of peon and the petitioner also is working as a Peon in the Government High School, Bathua Bujurg, 2 Sarairanjan, Samastipur since 6.8.2005 but, then, as the petitioner was a Matriculate even at the time of being recommended by the District Compassionate Appointment Committee and the qualification for the post of Class-3 employee was Matriculation, the petitioner, instead of being recommended and appointed on the post of Peon, ought to have been appointed on the post of Clerk in any Government high school. There are two difficulties in the way of Mr. Mukherjee, namely, first of all the petitioner had accepted the appointment on a Class-4 post way back in the year 2005 to support the dependant of the deceased employee without any demur or protest. Today, therefore she cannot be allowed to assail her such appointment on any ground as she would be bound by the principle of estoppel. There is yet another aspect which would disentitle the petitioner from getting the appointment on Class-3 post, inasmuch as, the Apex Court in the case of State of Rajasthan Vs. Umrao Singh reported in 1994(6)SCC 560 has made it clear that there would be no endless 3 compassion and in fact after a person is offered a job on compassionate ground and would accept the same, he or she cannot be entitled to claim a higher post by way of another compassion. Counsel for the State points out that when the recommendation of the petitioner for appointment on compassionate ground was made by the District Compassionate Appointment Committee, she did not hold the qualification for appointment against a Class-3 post. Such submission however has been sought to be repelled by the learned counsel for the petitioner by taking a plea that the petitioner, after being appointed, had enhanced her qualification which had made her entitled for appointment against a Class- 3 post and that there were other cases where the District Compassionate Appointment Committee had recommended the persons for being appointed on Class-3 post. All these aspects, in fact, could have some bearing on the result of this case, had the petitioner not accepted the appointment against a Class-4 post. Once she 4 had accepted the appointment on Class-4 post and had worked on such post for a period of three years before moving this Court, there would be a presumption that whatever vacancy was available at that point of time and whatever qualification the petitioner had, it had resulted into consideration and appointment on existing vacant post of Class- 4 employment. Thus, this Court would find that the case of the petitioner is squarely covered by the ratio of the judgment of the Apex Court in the case of Umrao Singh (supra) and, consequently, this writ application has to be dismissed. It is ordered accordingly. Rsh (Mihir Kumar Jha, J.)