IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2594 of 2009 DILIP KUMAR & ANR . Versus THE STATE OF BIHAR & ORS . For the Petitioner: Mr. Alok Kr. Sinha, Adv. For the State : Binod Kumar, A.C. to S.C. V. ----------- 5/ 27/10/2010 Heard learned counsel for the petitioners and learned counsel for the opposite parties. The Writ Court had directed consideration for compassionate appointment of the petitioners on a government post other than that of a Nagar Shikshak which was not a post under the State Government in view of the direction of the Personnel and Administrative Reforms Department dated 17.10.2008 in pursuance of the recommendation for compassionate appointment by the concerned committee. Learned counsel for the petitioners submits that the respondents continued to flout the order by not providing appointment to the petitioners on a government post. The petitioners are admittedly working as a Nagar Shikshak. Learned counsel for the State rightly points out that appoint on compassionate grounds is an exception to the normal mode of appointment prescribed under Article 14 by an advertisement followed by a process of selection based on comparative merit. - 2 - Therefore, any appointment on compassionate grounds has to be strictly in terms of the policy decision regulating the same. It is not in controversy that the petitioners have been provided compassionate appointment. They, however, seek an appointment of the nature of their choice. Learned counsel for the State has placed before this Court a Full Bench decision in L.P.A. No.321/10 on the issue in which it has been noticed that the Circular dated 17.10.2008 has been withdrawn by letter No.2955 dated 22.6.2009 and in which it has been stipulated that persons like the petitioners can be appointed on compassionate grounds on the post of Panchayat/Prakhand Teachers against available vacancies. The Full Bench has then concluded at paragraph-24 that the Circular dated 17.10.2008 having been superseded by the Circular dated 22.6.2009, no relief of the nature sough could have been granted by the Writ Court. The contempt application is dismissed. KC ( Navin Sinha, J.)