IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12483 of 2006 JITENDRA KUMAR, son of late Ram Sagar Prasad Singh, resident of vill- Gahilo, P.S. Saraia, O.P. Jaitpur, District-Muzaffarpur……. Petitioner Versus 1. THE STATE OF BIHAR 2. The Commissioner-cum- Secretary, Primary, Secondary and Mass Education, Bihar, Patna. 3. The Director, Primary Education, Bihar, Patna. 4. The District Magistrate-cum- Chairman, District Compassionate Committee, Muzaffarpur. 5. The Deputy Collector, District Compassionate Committee, Muzaffarpur 6. The District Superintendent of Education, Muzaffarpur….. Respondents ----------- For the petitioner: Mr. Ganesh Prasad Singh, Senior Advocate Mr. Pramod Kumar, Advocate For the State: Mr. Rajesh Kumar, A.C. to A.A.G.6. --------- 2. 22.4.2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner’s application for appointment on compassionate ground was rejected by the District Compassionate Committee by its memo No.720 dated 28.8.2006 on the ground that his younger brother was employed in Union Bank of India and thus in terms of the Government Circular, the application was rejected. Learned counsel for the petitioner submits that the said ground is a non est ground, as the brother had separated during the life time of the mother on account of whose death on 14.10.1994 the compassionate appointment was claimed by the petitioner. - 2 - The case of the petitioner is squarely covered by the decision of a Division Bench of this Court in the case of Vishal Kumar vs. The State of Bihar and others: 2004(2) PLJR 453 wherein it was held that if one of the brothers was gainfully employed, then it would be open to the authorities not to grant employment to the other brother and the fact that the employed brother had separated is no ground to hold the action of the authorities as illegal and invalid. In view of the aforesaid decision, the writ application is dismissed. VPS ( Ramesh Kumar Datta, J. )