IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1199 of 2009 Shambhu Kant Mishra s/o late Ram Mishra, resident of village – Madachak, P.O. Kathail, P.S. – Amarpur, District – Banka ……. Petitioner Versus 1. The Union Of India through the Secretary, Ministry of Personnel, Public Grievances and Pensions, New Delhi 2. The Secretary-cum- Commissioner, Department of Central Custom and Excise, Patna 3. The Collector, Central Customand Excuse, Revenue Building, Patna 4. The Chief Accounts Officer, Central Excise, Patna 5. The Administrative Officer, Custom and Central Excuse Department, Patna 6. The Superintendent (Tech.), Custom and Central Excise, Bhagalpur Division, Bhagalpur ………. Respondents --- For the Petitioner : Mr. Sanjay Kumar Ghosarvey, Advocate For the respondents: Assistant Solicitor General --- 2 09-02-2009 This application has been filed for quashing the order dated 8th of February, 2008, passed by the Patna Bench, Central Administrative Tribunal, whereby the prayer made by petitioner for appointment on compassionate ground has been dismissed. Mr. Sanjay Kumar Ghosarvey, appears on behalf of petitioner. Respondents are represented by their counsel. - 2 - Short facts giving rise to the present application are that petitioner’s father was an employee in the office of the Collector of Central Excise. He was compulsory retired on 19th of January, 1982, on medical ground and ultimately expired on 18th of October, 1994. Petitioner filed application for appointment on compassionate ground, which prayer was declined by order dated 16th of January, 1995. Petitioner filed application before the Tribunal in the year 1999. The Tribunal dismissed the application, inter alias, observing that the application filed after thirteen years of the retirement of petitioner’s father would frustrate the very object of appointment on compassionate ground. While doing so, the Tribunal observed as follows: “It was held that such an appointment is an exception to the general rule that appointment to public office should be made on the basis of competitive merit and once it is proved that in spite of death [compulsory retirement] of the bread winner, the family survived and substantial period is over, there is no need to make appointment on compassionate ground at the cost of the interests of several others ignoring the mandate of Article 14 of the Constitution of India.” - 3 - We do not find any error in the same. Application stands dismissed, accordingly. Neyaz/- C. K. Prasad, ACJ. Mandhata Singh, J.