IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6519 of 2007 MALTI DEVI wife of Late Ram Shankar Rai resident of village/PO Hilalpur P S. Hajipur, District- Vaishali. …. Petitioner. Versus 1. THE STATE OF BIHAR through the Chief Secretary, Bihar Patna. 2. District Magistrate, District Vaishali at and PO Hajipur. 3. Superintendent of Police, District Vaishali at/po/ps Hajipur. 4. Sub divisional Officer, Hajipur, District Vaishali. 5. Anchal Adhikari, at PO/PS Hajipur District Vaishali. 6. Officer in Charge, Industrial Area Police Station at PO/PS Hajipur, District Vaishali. …. Respondents. ----------- 2. 01.04.2011 Heard Dr. M. P. Shukla, learned counsel for the petitioner and learned counsel for the State in respect of claim of the petitioner for her appointment on compassionate ground. Admittedly, the petitioner happens to be the daughter-in-law of late Shiv Nandan Ray, the deceased employee who had died on 10.8.1990 and it is the said death of said Shiv Nandan Ray which has now been made the subject matter of compassionate appointment by the petitioner by filing this writ application on 17.5.2007 claiming that since his father-in-law died on 10.8.1990 and his mother-in-law’s application for compassionate appointment was not decided and ultimately even the son of the Shiv Nandan Ray 2 (husband of the petitioner) died in the year 2002, the respondents will be duty bound to consider the case of the petitioner for appointment on compassionate ground and any earlier decision rejecting the case of the petitioner must be held to be bad. In the considered opinion of this Court such claim of the petitioner is fit to be rejected outright inasmuch as two things are admitted; firstly, late Shiv Nandan Ray was working as Chaukidar and died in harness on 10.8.1990 and therefore any one on the basis of such death could have claimed appointment only in the next five years i.e. till 10.8.1995. In the present case, the wife of late Shiv Nandan Ray had allegedly filed an application for compassionate ground and was not appointed but she did not choose to make any grievance. Secondly, the husband of the petitioner, son of late Shiv Nandan Ray is alleged to have died on 19.7.2002 and therefore the petitioner could not have fell in four types of dependents eligible for appointment on compassionate ground as on 10.8.1990 on the date of death of her father- in -law inasmuch as the petitioner was neither the wife of late Shiv Nandan 3 Ray nor the son of late Shiv Nandan Ray nor unmarried daughter of late Shiv Nandan Ray and nor even the widow of pre-deceased son of late Shiv Nandan Ray. Therefore the claim of appointment of the petitioner on compassionate ground under existing policy of compassionate appointment dated 5.10.1991 was / is wholly unsustainable. Judged in this background, when this Court would find that the petitioner has certain grievance with regard to alleged appointment of some other similarly situated persons, all that this Court can do is that it would give her liberty to approach the competent authority for cancellation of any other similar appointment which was not permissible in law inasmuch as this Court in exercise of its power under Article 226 of the Constitution of India is not expected to perpetuate illegality. Reference in this connection may be usefully made to the judgment of Apex Court in the case of State of Bihar vs. Upendra Narain Singh, reported in (2009) 5 SCC 65. This Court in no event can direct the authorities to appoint the petitioner on compassionate ground even when she did not fall in 4 the category of dependents of her father-in-law, late Shiv Nandan Ray on his date of death i.e. 10.8.1990. As a matter of fact, this Court would find that the alleged cause of action of her compassionate appointment which if at all had arisen on account of death of Shiv Nandan Ray in the year 1990, could not have been actually raised by the petitioner after seventeen years by filing this writ application in the year 2007. That being so, this writ application is wholly misconceived and is, accordingly, dismissed. kanchan/- ( Mihir Kumar Jha, J.)