IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.71 of 2009 ASADUDDIN S/o Late Md.Qurish, R/O villalge- Ahmadhani, Puraini, P.S. Jagdishpur-Distt- Bhagalpur.---Appellant. Versus 1. THE STATE OF BIHAR 2. The Principal Secretary, Human Resources Department, govt. of Bihar, Patna, 3. The director, secondary Education, Govt. of Bihar, Patna 4. The District Magistrate, Bhagalpur 5. The District Development Commissioner, Bhagalpur, 6. The District Education Officer, Bhagalpur. Respondents. For the appellant : Mr. A.B.Ojha, Mr. Anupa Nand Jha For the respondents : Mr. Rakesh Kumar Singh ----- Reg: I.A.No.322/2009. 2. 21.1.2009. This application has been filed for condoning the delay in filing the appeal. Heard. For the reasons stated in the application, delay in filing the appeal is condoned. We have taken up the appeal on merit. Writ petitioner-appellant, aggrieved by the order dated 24.9.2008 passed by a learned Single Judge in C.W.J.C.No.11663 of 2008 dismissing the writ application, has preferred this appeal under Clause 10 of the Letters Patent. Short facts giving rise to the present appeal are that the appellant-writ petitioner, hereinafter referred to as the ’petitioner’, is the son of one 2 Md. Qurish who was working as Assistant teacher in the High School, Shermari, Pirpainti in the district of Bhagalpur. Petitioner’s father died on 19.8.2003, while in service and his application for appointment on compassionate ground was rejected on 14.9.2004 on the ground that his mother is already in government service. Petitioner’s mother died on 26.2.2006 after she had superannuated from service of the State Government and thereafter, petitioner filed fresh application for his appointment on compassionate ground, but the same has been rejected on the ground that the family had received two sets of post retrial benefits and as such, his financial condition is not such so as to justify the appointment on compassionate ground. Mr. A.B. Ojha, appearing on behalf of the petitioner, submits that the disqualification for appointment, if at all, was wiped out by the death of the petitioner’s mother on 26.2.2006 and therefore, the respondents erred in declining appointment on compassionate ground. In support of his submission, he has placed reliance on a judgment of the Supreme Court in the case of Govind Prakash Verma Vs. Life Insurance Corporation of India and others (2005) 10 SCC 289 and a decision of this Court in the case of Dharmendra Kuamr Vs. State of Bihar and others 2005 (4) PLJR 565. We do 3 not find any substance in the submission of Mr. Ojha. At the time when the petitioner’s father died, his mother was already employed in government service and therefore, petitioner was not entitled for appointment and the said prayer was rightly rejected. If we accept the contention of Mr. Ojha that after the death of the petitioner’s mother, petitioner is entitled to be appointed on compassionate ground, same would mean reservation of post on compassionate ground. This is not the scheme of compassionate appointment. Further, the financial condition of the petitioner is also a relevant consideration and taking into account the fact that two sets of post retiral benefits were available to the family, claim of appointment on compassionate ground, cannot be said to be justified. We do not find any merit in the appeal and it is dismissed in limine. ahk (C. K. Prasad,ACJ) (Shyam Kishore Sharma)