IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13622 of 2009 ALOK KUMAR Versus THE STATE OF BIHAR & ORS ----------- 2. 28.10.2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks the relief of compassionate appointment denied to him by order dated 3.9.2009 on the ground that his parents were both in Government service. The father of the petitioner superannuated from service in 2002. His mother died in harness in 2006. On account of the death of his mother, the petitioner made a claim for compassionate appointment. Learned counsel for the petitioner submits that his father being no more in service on the day that his mother died in harness, he cannot be denied consideration on the ground that both the parents were in Government service under any circular of the State Government. The writ petition explicitly states that his father had retired. A retired person is entitled to pension for the maintenance and upkeep of the family. Superannuation is not a sudden event but a foregone conclusion. The pension and the retiral dues are extremely relevant consideration to hold that upon retirement the family is not left in destitute and penury due to a sudden event like death of the bread earner. The compassionate appointment is an exception to 2 Articles 14 & 16 of the Constitution of India, which has been interpreted by Courts to hold that employment in the Government service is a national wealth to be distributed equally by open advertisement and selection. Any appointment on compassionate ground should, therefore, strictly be in terms of the Government policy. The circular of the State Government, debarring persons like the petitioner from being considered for compassionate appointment has more adequately been considered by a Division Bench in 2000(4) PLJR 651. This Court holds that there is no error in the impugned order as despite the death of his mother in 2009, the petitioner cannot be said to be left in destitute and penury, when his father has received and is receiving his pension and other retiral dues. In view of the law as laid down by the Division Bench interpreting the circular with regard to compassionate appointment in circumstances as the present, there is no merit in this writ application. It is, accordingly, dismissed. AKS/ (Navin Sinha, J.)