IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.820 of 2009 PHOOL KUMARI RANI widow of late Ram Dayalu Singh, R/O Village Chhotaki Ladha, P.O. Pindaruchha, P.S.Kamtaul, Distt-Darbhanga. At present resident of Mohalla-Azam Nagar, Ward No-5, P.S. Sadar Mabbi, Distt- Darbhanga………………………………………………..Petitioner-appellant Versus 1. THE BHARAT SANCHAR NIGAM LTD.through its Chairman-cum- Managing Director, BSNL, Statesman House, Barakhamba Road, New Delhi.. 2. The Chairman-cum-Managing Director, BSNL, Statesman House, Barakhambha Road, New Delhi. 3. The Chief General Manager, BSNL, Bihar Circle, Patna. 4. The General Manager, BSNL, Telecom District, Darbhanga. 5. The Divisional Engineer (Administration), office of GMTD, Darbhanga…………………………………………………….Respondents ----------- 4. 13.01.2010 Heard Mr. P.K. Jha learned counsel for the appellant and Mr. Rakesh Kumar learned counsel appearing for the BSNL and its functionaries. The husband of the appellant died in harness in the year 1999. On application made by the appellant for compassionate appointment, she was initially approved for compassionate appointment in the cadre of Group-C in October, 2000 but within a few days she was informed that there was no vacancy in that cadre and she could opt for appointment on a Group-D post. The letter indicated that option once exercised will be final and she could not later claim for any Group-C post. - 2 - It appears that subsequently some compassionate appointments were made to Group-C posts since July, 2001. In 2006, the appellant claimed for being given a Group-C post by claiming parity with some other appointees. The respondent-authorities did not accede to the request leading to filing of writ petition bearing CWJC No. 10606 of 2006 which has been dismissed by the learned Single Judge by order under appeal dated 17.04.2009. A perusal of the judgment under appeal shows that all the relevant facts and principles of law have been properly considered by the writ court and even after considering the plea raised on behalf of the appellant that she should be given higher post on account of similarity with some other appointees, we find ourselves unable to grant any relief to the appellant. Compassionate appointment once accepted on a clear understanding that subsequently the option for Group-D could not be revised, cannot be made a subject matter of grievance by the appellant on the ground that at a later stage some similarly situated claimants were appointed to Group-C post. Learned counsel for the respondents-Nigam and its - 3 - functionaries have taken a categorical stand that there was no fraud on the part of the authorities and the appellant had exercised her option on the basis of correct facts and with open eyes. In view of the aforesaid discussions, we find no merit in this intra-court appeal and it is dismissed accordingly but without costs. perwez (Dipak Misra,C.J.) (Shiva Kirti Singh,J.)