IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5789 of 2007 USHA DEVI, wife of late Laliji, resident of village + P.O. Badalpura, P.S. Matihani, District Begusarai … Petitioner Versus 1. THE L.N.MITHILA UNIVERSITY, through its Registrar 2. The Vice Chancellor, Lalit Narain Mithila University, Darbhanga 3. The Registrar, Lalit Narain Mithila University, Darbhanga 4. The Principal, G.D.College, Begusarai … Respondents ----------- 2. 1.4.2011 Heard counsel for the parties. The writ application seeking direction for appointment of the petitioner on the ground that her husband had died on 26.11.2004 while holding the post of Routine Clerk in G.D.College, Begusarai after serving the said College for a period of nearly 15 years (14.12.1989 to 26.22.2004) has been sought to be opposed by Mr. P.N.Shahi, learned counsel appearing on behalf of the University, that the petitioner will not qualify for such appointment on compassionate ground because her husband was also appointed on compassionate ground. This Court, however, has not been made aware of any such decision taken by the State Government or by the University which 2 prohibits consideration of a person for being appointed on compassionate ground merely because the employee dying in harness was himself appointed on compassionate ground. The manner of appointment in fact is not the criteria for considering the appointment on compassionate ground and all that has been said in the Government circular dated 5.10.1991 is that a person should be working against a sanctioned post and that his appointment should be made in a prescribed manner. The moment the husband of the petitioner was appointed on 14.12.1989 on the post of Routine Clerk even by way of compassionate appointment it cannot be said that such appointment was against an unsanctioned post, inasmuch as then payment of salary could not have been made to the husband of the petitioner for all this period. The mode of appointment on compassionate ground having been followed in the case of the husband of the petitioner, it can also not be said that he was not appointed in the prescribed manner. Once this aspect becomes clear this Court would find it difficult to accept the 3 defence of the University being projected by Mr. Shahi that the case of the petitioner for appointment on compassionate ground was correctly rejected because her husband was appointed on compassionate ground. In that view of the matter, this writ application is allowed and the respondent authorities of the University are hereby directed to consider the case of the petitioner strictly in accordance with the policy as adopted by the University within a period of three months from the date of receipt/ production of a copy of this order and in the event the petitioner would otherwise qualify for such appointment, she must be also appointed within the same period, whereafter the Registrar of the University shall file compliance report to the Registrar General of this Court. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/