IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8483 of 2009 Manish Kumar Mani son of Late Chandeshwar Sinha, resident of village-Tiskhora, P.O.-Gangachak, P.S.-Masaurhi, District-Patna. ……….Petitioner. Versus 1. The State of Bihar through, Principal Secretary, Human Resources Development Department, Bihar, Patna. 2. The Director, Primary Education, Bihar, Patna. 3. The Regional Deputy Director of Education, Patna Division, Patna. 4. The District Magistrate, Patna. 5. The District Education Officer, Patna. 6. The District Superintendent of Education, Patna. ……………..Respondents. ----------- 2/ 23.07.2009 Heard counsel appearing for the petitioner and the counsel appearing for the State. Petitioner is son of Late Chandeshwar Sinha, an Assistant Teacher working in Middle school Karanja, Naubatpur, Patna. Father of the petitioner died in harness on 22.09.1994. Petitioner’ case is that after the death of his father his elder brother had applied for his compassionate appointment, within the statutory period but before any order could have been passed he died. Subsequently, on 02.10.1996 his mother Prabha Sinha submitted her application for compassionate appointment which remained pending for several years and no order was passed. At the time of his father’s death petitioner was a minor and not eligible for being appointed in a government job. Petitioner after attaining majority, has applied for his compassionate 2 appointment, stating that now his mother is not eligible for appointment on account of her age as such, his case should be considered for compassionate appointment. Petitioner has placed reliance on a letter contained in Memo No. 180 dated 11.7.2007 issued by the District Superintendent of Education, Patna to Deputy Collector, Establishment, seeking guidelines in this regard. Annexure- 3 reveals that the mother of the petitioner had applied for appointment on compassionate ground, by letter No. 3850 dated 15.9.1997 issued from the office of D.S.E., Smt. Prabha Sinha was asked to furnish certificates of her educational qualification, income certificate and statement of income on affidavit, as well as other relevant documents for considering her case of compassionate appointment. In response to this, no documents were furnished as no such documents are available on record. Petitioner after more than 10 years has filed his application for the first time in the year, 2007. On consideration of the facts, I find that it is not a fit case for appointment on compassionate ground. The provision for compassionate appointment was introduced for such for giving financial assistance in such cases, where on account of sudden death of the bread earner, the members of the family become helpless, having no other source of income to support their day to day needs. The 3 provision for compassionate appointment was introduced for immediate help to the family but in case family survived for ten years or more, without there being any financial help from the government then presumption will be that there was some source of income for survival of the family. This is the reason that along with application for compassionate appointment, the applicant is required to furnish his/her source of income, on affidavit. Compassionate appointment cannot be claimed as a matter of right. In the present case, I find that the mother of the petitioner though applied for compassionate appointment, but did not furnish requisite document and that was the reason, her case was not considered. The brother of the petitioner died in the year 1996. Petitioner has applied for compassionate appointment in the year 2007. The family has sailed through the tides for so many years, as such now there is no occasion to consider petitioner’s application for compassionate appointment. This application is dismissed. Sanjeet/ (Mridula Mishra,J.)