IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.20262 of 2010 1. JANKI DEVI, W/o Late Tarani Prasad Jha, 2. Shashi Kumar Jha, S/o Late Tarani Prasad Jha, resident of village and Post-Kasaba, P.S. Shambhuganj, District-Banka, State of Bihar.. ….. Petitioners. Versus 1. THE UNION OF INDIA through Commanding Officer, 274 S.U, Air Force Station, Gorakhpur, Uttar Pradesh, 2. Wing Commander, Officer-in-charge PC, Headquarter, Central Air Command, Indian Air Force, Bermauli, Allahabad-12, State of Uttar Pradesh, 3. Air Officer, Commanding in-chief (Civil), Air Headquarter, Vayu Bhawan, New Delhi-11, 4. Officer-in-charge, Civil Administration, Headquarter, Central Air Command, Indian Air Force, Bermauli, Allahabad-12, State of Uttar Pradesh, 5. Air Officer Personel, Air Headquarter, Department of Personal(Civil) Vayu Bhawan, New Delhi-110011.. ….Respondents. For the Petitioners: Mr. Manish Jha, Advocate, For Union of India: Mr. S.M. Iqbal Hasan Rahmani (CGC) 2 19.01.2011 Heard learned counsel for the petitioners and learned counsel for the Union of India. From the submissions advanced by the parties, it transpires that husband of petitioner No.1 and father of petitioner No.2 died in harness while working in service under Indian Air Force on 10.01.2000. The widow, 2 petitioner No.1, withdrew her candidature in favour of his son petitioner No.2, who applied for compassionate appointment after he was admittedly terminated from Government service in May 2001. The authorities have thrice rejected the prayer for compassionate appointment on different grounds. The learned Central Administrative Tribunal has also refused to give any relief to the claim for compassionate appointment to petitioner No.2. In the facts of the case, it is evident that the family has survived the death of the bread-earner for more than ten years. Besides that ground, we are of the considered view that petitioner No.2 being an employee at the time of death of his father was not entitled for claiming compassionate appointment because the very scheme for compassionate appointment is based upon the foundation that the family has no bread-earner and, therefore, needs help by way of compassionate appointment. He could not become entitled because he was terminated from Government service at a later stage. For the aforesaid reasons, we find no merits in this writ petition because in our view, it would not be proper to direct the respondents to offer compassionate 3 appointment to petitioner No.2. The writ petition is, therefore, dismissed. No cost. Sanjay-II (Shiva Kirti Singh, J.) (Dr. Ravi Ranjan, J.)