IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16501 of 2007 Dilip Kumar, son of late Bindeshwar Prasad, resident of Village Mirnagar, P.S. Sarmera, District Nalanda. --------- Petitioner Versus 1. The State of Bihar through the Secretary, Primary, Secondary and Adult Education Department, New Secretariat, Vikas Bhawan, Bailey Road, Patna. 2. Director, Directorate of Adult and Non-formal Education (now known as Directorate of Man Education), Human Resources Development Department, New Secretariat, Bailey Road, Patna. 3. District Mass Education Officer, Nawadah. -------- Respondents ----------- 2 13.04.2011 Having heard learned counsel for the petitioner and counsel for the State, this Court would find that the reason given in the impugned order rejecting the case of the petitioner for appointment on compassionate ground, does not suffer from any error. Mr. Kishore Kumar Thakur had fairly submitted that an exactly similar case has already been dismissed by this Court by an order dated 16.3.2011 in CWJC No. 18030 of 2008 (Sujit Ranjan Vs. The State of Bihar & Ors.) wherein it has been held that the death of a terminated employee, whose services were later on restored under the order of the Court, would not give a cause of action to his dependent for appointment on compassionate ground, inasmuch as, the 2 deeming clause of his continuing in service would not be available. Mr. Thakur, however, would try to make an additional submission that if an employee was terminated from service and had challenged his order which subsequently after his death got set aside by the Court with a direction for his reinstatement in service, the dependant family cannot be deprived the benefit of Government policy of appointment on compassionate appointment. In the considered opinion of this Court even this part of submission of Mr. Thakur has been considered and rejected by this Court in the case of Sujit Ranjan (supra). That being so, this application, for the reasons mentioned in the order of this Court dated 16.3.2011 in the case of Sujit Ranjan (supra) has to be dismissed. It is ordered accordingly. Rsh (Mihir Kumar Jha, J.)