IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15029 of 2007 Raj Kishore Sharma, son of late Dineshwawr Sharma, resident of Village Anandpur, P.O. Anandpur, P.S. Bihta, District Patna. --------- Petitioner Versus 1. The State of Bihar through the Secretary, Home (Special) Department, Govt. of Bihar, Main Secretariat, Patna. 2. The Commandant General, Bihar Homeguard, Chhajubagh, P.S. Gandhi Maidan, District Patna. 3. The Deputy Commandant General, Bihar, Homeguard, Chhajubagh, P.S. Gandhi Maidan, District Patna. 4. The Commandant, Bihar Homeguard, Chhajubagh, P.S. Gandhi Maidan, District Patna. 5. The Commandant, Special Battalion Homeguard, C.T.I., Bihta, P.S. Bihta, District Patna. 6. The Camp Incharge, C.T.I., Bihta Special battalion, Bihta, P.S. Bihta, District Patna. ------ Respondents ----------- 2 11.4.2011 No one appears on behalf of the petitioner. Counsel for the State is present and would submit that the petitioner would not qualify for appointment on compassionate ground, inasmuch as, the father of the petitioner was a Home Guard, which is not covered by the expression and definition of Government servant. In this context, he has also relied on Government decision as contained in Annexure-A wherein, it has been clearly provided that such Home Guard even if he had died in course of official duty would not be entitled for appointment on compassionate ground though he may be given monetary compensation by the State. 2 Despite service of a copy of the counter affidavit on the counsel for the petitioner, there is no denial to this fact and accordingly, this Court has to hold that the petitioner not being dependent of a government servant was not qualified for being appointed on compassionate ground in terms of the Government policy dated 5.10.1991. That being so, this application is wholly misconceived and is accordingly dismissed. Rsh (Mihir Kumar Jha, J.)