IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12720 of 2007 ARJUN JHA, son of late Suresh Jha, resident of village Dorma, P.O. Bihra, P.S. Panchgachhia, District Saharsa … Petitioner Versus 1. THE BIHAR STATE BRIDGE CONSTRUCTION CORPORATION LTD., through its Managing Director, 7 Sardar Patel Marg, Patna-15 2. The Chief Engineer, Bihar State Bridge Construction Corporation Ltd., 7 Sardar Patel Marg, Patna-15 3. The Deputy Chief Engineer, North Bihar Circle, Bihar State Bridge Construction Corporation Ltd., 7 Sardar Patel Marg, Patna-15 4. The Senior Project Engineer, Bihar State Bridge Construction Corporation, Work Division, Katihar … Respondents ----------- 2. 11.4.2011 Heard counsel for the petitioner and the counsel for the Bihar State Bridge Construction Corporation Ltd.. The prayer of the petitioner for appointment on compassionate ground in fact cannot be allowed for a simple reason that the Corporation has changed its policy, whereby and whereunder now no person at least from the year 2000 has been appointed on compassionate ground and the family members of the deceased employee have been made entitled to only receive some sort of financial assistance in lieu of compassionate appointment. Counsel for the petitioner does not 2 controvert this position but he says that the Project Engineer in the case of the petitioner had made a recommendation for his appointment on compassionate ground and the revised policy of the Corporation will not be applicable. It is very difficult to accept such submission, inasmuch as whether the Project Engineer despite being aware of such policy of the Corporation had made his recommendation is not clear from records and in any event could not have bound the Corporation to make out an exception in the present case. Counsel for the Corporation in fact has produced not only an office order dated 13.3.2010 considering the cases of 34 employees of the Corporation dying in harness and their dependents being given financial assistance in lieu of appointment on compassionate ground but also an order of this Court dated 14.9.2010 in C.W.J.C.No. 11607/2010 (Ajay Kumar Vs. State of Bihar & Ors.) wherein the claim of compassionate appointment of the petitioner Ajay Kumar was rejected after noticing the change in 3 policy. Thus, both on account of consideration of similarly situated persons as also the issue being decided by this Court in the case of Ajay Kumar (supra) this Court would find it difficult to issue a direction for appointment of the petitioner on compassionate ground. None-the-less as the petitioner would also qualify for consideration of financial assistance in lieu of compassionate appointment, this Court would direct the respondent Corporation and its authorities to also consider the case of the petitioner for such payment strictly in accordance with the policy. It is, however, made clear that no artificial line of distinction would be drawn in such consideration by the authorities of the Corporation by taking a plea that the deceased employee, father of the petitioner had earlier been appointed on daily wages which was subsequently regularized. After regularization of the deceased employee he will be entitled for all benefits alike any other employee and 4 therefore, even the financial assistance in lieu of appointment on compassionate ground to the dependents of the deceased employee cannot be withheld on this ground. This Court would, accordingly, direct the authorities of the Corporation to consider the case of the petitioner for grant of financial assistance in lieu of compassionate appointment within a period of three months from the date of receipt/ production of a copy of this order and also pay the amount as may be found admissible to the petitioner. It is, however, made clear that the respondents will not be required to carry out this order if such payment in lieu of compassionate appointment has already been made to the petitioner. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/