IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18373 of 2009 1. CHANDRA PRAKASH SINGH S/O LATE NIRSU NARAYAN SINGH R/O VILL.- HANSRAJPUR, P.O. + P.S.- EKMA, DISTT.- CHHAPRA Versus 1. THE STATE OF BIHAR 2. THE SECRETARY PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE DEPUTY SECRETARY PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVT. OF BIHAR, PATNA 4. THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 5. THE DIRECTOR, SECONDARY EDUCATION HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 6. THE RGIONAL DEPUTY DIRECTOR TIRHUT DIVISION, MUZAFFARPUR 7. THE DISTRICT MAGISTRAT-CUM-CHAIRMAN DISTRICT COMPASSIONATE COMMITTE, DISTT.- SARAN AT CHAPRA 8. THE DISTRICT SUPERINTENDENT OF EDUCATION DISTT.- SARAN AT CHHAPRA ----------- 02/ 29.04.2010 Heard counsel for the petitioner and counsel appearing for the State. Petitioner’s father died in 1980 while working on the post of Assistant Teacher. At that time the petitioner was minor. Subsequently an application was filed by the brother of the petitioner in the year, 1991 for compassionate appointment, which was rejected for two reasons. Firstly that the application was time barred and secondly he was made an accused in the police case. Thereafter, petitioner started filing application for compassionate appointment. An application for compassionate appointment, which is time barred is not entertainable. The appointment on compassionate ground is not a regular mode of appointment. - 2 - It is made available to the family, immediately after the death of the bread earner. In cases where the family has been able to sustain for such a long time, claim for compassionate appointment, on behalf of legal heir of the deceased government employee, is not maintainable. They cannot claim for compassionate appointment, as a matter of right. Such application for compassionate appointment is not entertainable. This application is dismissed. DKS/ (Mridula Mishra, J.)