IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3227 of 2011 Shanta Dey, Daughter of Sri Sentu Chandra Dey, resident of village- Yogiyar, P.O. Areraj, P.S. Gobindganj, Dist. East Champaran ……………… Petitioner Versus 1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna 2. Director, Health Services, Bihar, Patna 3. Civil Surgeon, East Champaran, Motihari …Respondents ---------------------------------- For the petitioner: M/S Ram Hriday Prasad & Rajesh Kumar, Advocates For the State: Mrs. Shalini Raut, AC to GA 3 ------- 2. 15.10.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks a direction upon the respondent authorities to appoint him on compassionate ground on a Class- III post. The admitted fact is that the mother of the petitioner died on 24.4.1991 on which date the petitioner was aged only 3 years. The petitioner claims that the father of the petitioner had submitted an application before the Civil Surgeon, East Champaran on 30.5.1991 and was given an assurance that the petitioner would be granted an appointment on attaining age of majority and accordingly, the application was filed on 8.7.2006 when the petitioner attained majority. The purpose of compassionate appointment is to meet the immediate financial hardship caused to the family of the deceased government employee. It is not a grant of post for 2 a post or an inheritance under the Law of Succession to such a post. It has also been repeatedly held by the Courts that the same must be granted within a reasonable period of time as only the removal of immediate financial hardship can justify such an appointment which otherwise would be hit by the provisions of Article 16 of the Constitution of India which prevents a public employment being granted on the ground of descent. The aforesaid proposition has also been laid down by the Apex Court in the case of Umesh Kumar Nagpal Vs. The State of Haryana & ors.: (1994) 4 SCC 138. Even otherwise the maximum period within which an application for compassionate appointment has to be filed is five years under the relevant circulars of the State Government and on the date of filing of such an application a person must be eligible for appointment in Government service. The petitioner would have been only 8 years old if an application had been filed within the maximum period of five years for filing such an application and would thus be ineligible for government service on the said date. For the aforesaid reasons this Court is of the view that no appointment on compassionate ground can be granted to the petitioner after lapse of nearly 20 years since the death of the deceased government employee or even after 15 years when the application was made. 3 The writ application, being devoid of merit, is accordingly, dismissed. S.Pandey (Ramesh Kumar Datta, J.)