IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14087 of 2009 1. SANTOSH KUMAR RAI S/O LATE JANARDHAN RAI VILL- DIYAMAN , P.O . DIYAMAN , P.S. KRISHNA BRAHAM, DISTT- BUXAR Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY , DEPARTMENT OF HUMAN RESOURCE AND DEVELOPMENT GOVT. OF BIHAR , PATNA 3. THE DISTRICT MAGISTRATE BUXAR 4. THE DISTRICT SUPERINTENDENT OF EDUCATION BUXAR 5. THE BLOCK EDUCATION EXTENSION OFFICER BRAHAMPUR, BUXAR ----------- For the Petitioner: Mr. Rajendra Prasad Singh, Sr. Advocate Mr. Rajeev Kumar Singh Mr. Onkar Kumar Mr. Navjot Yadav For the respondents: Mr. Sanjay Kumar Sinha with Assiatant Counsel. 2. 27.01.2010 Heard the counsel for the petitioner and the counsel appearing for the state. Petitioner’s prayer is for quashing of the order contained in Letter No.242 dated 11.04.2009 issued by the District Superintendent of Education, Buxar rejecting the application of the petitioner for Compassionate appointment. Janardan Ram, petitioner’s father, was an Assistant Teacher in Primary School, Gaya Ghat, Brahampur. He died in harness on 07.06.1996. At the time of his father’s death, the petitioner was a minor. He filed his application after more than five years of his father’s death, on attaining majority. This issue has already been considered and decided in so many cases that Compassionate Appointment cannot be claimed as a matter of right. The State Government has made provision for compassionate appointment, for the family of its 2 employees, who dies in harness, to give immediate financial assistance to the family. The death of the bread earner might bring the family at starvation point as no income is left for survival. In case even without any assistance, family could survive for five years after death of the bread earner, Compassionate Appointment cannot be claimed by the legal heir of the deceased-employee. Such application should not be entertained. I do not find any error in the impugned order as such, this writ application is dismissed. AKV/ (Mridula Mishra, J.)