IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6215 of 2008 SANGEET KUMAR MAHTO, son of late Nathuni Mahto, resident of Mohalla Sakmapul (Mirzapur), P.S. Town Darbhanga, District Darbhanga … Petitioner Versus 1. THE STATE OF BIHAR through Commissioner cum Secretary Department of Rural Development, Government of Bihar, Patna 2. The District Magistrate, Darbhanga 3. The Deputy Collector Establishment, Darbhanga 4. The Deputy Development Commissioner, Darbhanga … Respondents ----------- 2. 27.4.2011 Heard Mr. Khurshid Alam, learned counsel for the petitioner and Mr. S.D.Sanjay, learned Addl. Advocate General No.12. The petitioner seeks a direction from this Court for his appointment on compassionate ground. Mr. Khurshid Alam would submit that the petitioner qualifies in terms of the Government of Bihar policy for his being appointed in District Rural Development Agency where the father of the petitioner was working before his death in harness. In this case a counter affidavit has been filed wherein it has been stated that the financial condition of the D.R.D.A. is in absolute shambles and in fact it is not possible to appoint the petitioner in 2 view of complete ban on appointment in the D.R.D.A. He has also referred to the decision of the Government in Rural Development Department which has specifically addressed to the issue of compassionate appointment in D.R.D.A., Darbhanga by referring to the personnel policy of the D.R.D.A. Thus, when a clear stand has been taken that there is no vacant post for appointment of the petitioner in D.R.D.A. and in fact D.R.D.A. is not supposed to create permanent establishment, there would be little for the petitioner to contend for his fresh appointment on compassionate ground. When an organization or an employer is not in a position to employ a person due to want of vacancy or financial crunch, no direction can be issued for appointment on compassionate ground. That being so, the prayer of the petitioner in this writ application has to be rejected. It is ordered accordingly. (Mihir Kumar Jha,J.) Surendra/ 3