IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.451 of 2007 ==================================================== ANTESH KUMAR, SON OF SRI BRIJ NANDAN SINGH RESIDENT OF VILLAGE RAM NAGAR DIARA, P.S. ATHMALGOLA, DISTT. PATNA AT PRESENT RESIDING AT VILLAGE LOKNATHPUR P.S. DALSING SARAI, DISTRICT SAMASTIPUR. Versus 1. THE STATE OF BIHAR THROUGH THE HOME COMMISSIONER, GOVT. OF BIHAR, PATNA. 2. THE SECRETARY PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE COLLECTOR AND DISTRICT MAGISTRATE, SAMASTIPUR. 4. THE SUB DIVISIONAL MAGISTRATE, DALSINGSARAI, DISTRICT SAMASTIPUR. ==================================================== 02. 12.07.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner has been appointed on compassionate ground against Class-IV post vide order bearing Memo No.873 dated 26.11.2005, Annexure-5. This writ petition has been filed praying inter alia to direct the State respondents to appoint the petitioner on compassionate ground against class-III post, as was recommended by the District Compassionate Committee in the proceeding dated 31.05.2005, Annexure-4/A. In this connection, it is also pointed out that writ petitioner of C.W.J.C. No.6640 of 2005 2 Amresh Kumar was recommended for appointment on compassionate ground against Class-III post and he was so appointed but in the case of the petitioner recommendation of District Compassionate Committee dated 31.05.2005 has not been followed while appointing the petitioner on compassionate ground on Class-IV post under order bearing memo no.873 dated 26.11.2005, Annexure-5. In this connection, it is also pointed out that as the High Court in the case of Amresh Kumar(supra) directed for appointment on compassionate ground against Class- III post, this Court should also fall in line and direct for appointment of the petitioner against Class-III post. 3. I regret not to accept the submission of the counsel for the petitioner in view of the fact that compassionate appointment is not granted as a matter of right. Compassionate appointee does not have any choice. He has to accept the post which is offered to him to meet the exigency of the death of the bread winner. I may also notice the submission of the counsel for the State that petitioner of C.W.J.C. No.6640 of 2005 Amresh Kumar was appointed against Class-III 3 post as at the time of his appointment no Class IV post was available. Petitioner has been appointed on compassionate ground against Class-IV post as at the time of his appointment such post was available. I do not see any illegality in the order appointing the petitioner on compassionate ground against Class- IV post. The writ petition is dismissed. Rajesh/ ( V. N. Sinha, J.)