IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18564 of 2009 SMT.REKHA DEVI Versus THE STATE OF BIHAR & ORS ----------- 02 07.04.2010 Heard learned counsel for the petitioner and learned counsel for the State. The prayer in the writ application is to appoint the petitioner on compassionate grounds as a child Constable after his father’s death on 24.9.2002. The petitioner was stated to be approximately 10-12 years of age when his father died. He claims to have applied for compassionate appointment in the year 2005 during his minority. Strong reliance has been placed on a circular no. 209 of 1988, providing for appointment of Child Constables with certain directions that his education etc. shall be looked after by the Superintendent of Police, when they would acquire the status of Government servant an attaining majority and other facilities given to a child Constable shall stand at an end. The writ petit on has been filed in December, 2009. Compassionate appointment is an exception to Article-14. The Courts have countenanced the same only in extreme cases where the family of the deceased is suddenly faced with destitute and penury on account 2 of the sudden death of bread earner. Compassionate appointment is not a vested right, based on descent as a hereditary right. The circular no. 209 of 1988 dated 11.8.1988 appears to be in teeth of Article-14 of the Constitution of India, and does not find favour with the Court in any manner. In any event it does not appear to be a policy decision of the State Government. The Police department is a wing of the State Government. This Court has serious doubts if they can frame an independent policy. The fact that the petitioner has survived for seven years, after his father’s death, is also a relevant factor to deny any relief. The order dated 8.7.2005 at Annexure-4 sought to be relied upon is grossly unconstitutional and no orders for consideration thereupon can be passed. The writ application is dismissed. P.K. ( Navin Sinha, J.)