IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15606 of 2006 BODH NARAYAN PRASAD, S/O LATE RAM PRAVESH RAM, R/O VILLAGE AND P.O.-TISKHORA, P.S.- NAUBATPUR, DISTRICT-PATNA (BIHAR). ………………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE CHIEF SECRETARY, BIHAR, PATNA. 3. THE SECRETARY, HUMAN RESOURCES DEPARTMENT, BIHAR, PATNA. 4. THE DIRECTOR, MASS EDUCATION, BIHAR, PATNA. 5. THE DISTRICT MASS EDUCATION OFFICER, PATNA. ……………RESPONDENTS. ----------- 3 01.07.2010 Petitioner is son of one Ram Pravesh Ram who was admittedly working as a typist under the scheme for Mass Education. As the scheme was closed in the year, 2001 he was retrenched. The association of the employees of the scheme, through its representatives, moved this Court in CWJC No. 13737 of 2003. The said writ application was disposed of on 28.03.2005 and the learned Single Judge, as submitted, directed the reinstatement of the employees of the scheme with 100% back wages. In the meanwhile, while the petitioner’s father was out of service he was murdered by extremists on 08.09.2003. The said order passed in the said writ application was challenged by the respondents in LPA No. 116 of 2006 which was disposed of by order dated 30.03.2006 with certain modifications in the 2 order with regard to quantum of percentage of back wages. Learned counsel for the petitioner submits that since the said writ application filed by the representatives of the employees was allowed by this Court on 28.03.2005, the father of the petitioner should be treated as in service on the date of his murder i.e. 08.09.2003 and, therefore, petitioner is entitled for compassionate appointment on that basis. The scheme of compassionate appointment does not contemplate consideration of cases for compassionate appointment on assumptions and presumptions. Admittedly on 08.09.2003 the father of the petitioner was, in fact, out of service. Therefore, this Court does not find any merit in the writ application and the same is dismissed. Arvind/ ( J. N. Singh, J.)