IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2120 of 2009 VINAY KUMAR, S/O LATE PROF. SATYENDRA NARAYAN SINGH, R/O VILLAGE GOVINDPUR DEVI @ GARA P.S. PATEPUR, DISTRICT – VAISHALI. ……….. PETITIONER. Versus 1. THE VICE CHANCELLOR, B.R.A. UNIVERSITY, MUZAFFARPUR. 2. THE PRINCIPAL, NIRSOO NARAYAN COLLEGE, SINGHARA, VAISHALI. 3. THE SECRETARY, GOVERNING BODY, NIRSOO NARAYAN COLLEGE, SINGHARA (MAHUA), VAISHALI. ………… RESPONDENTS. ----------- 05/ 01.07.2011 Heard counsel for the petitioner and the counsel appearing on behalf of Governing Body of Nirsoo Narayan College, Singhara (Mahua), Vaishali. The college in question is an affiliated unit of B.R.A. Bihar University, Muzaffarpur. The petitioner prayed for a direction to respondents-authorities of the College for considering his case for compassionate appointment and issue appointment letter. Petitioner claims that his father Satyendra Narayan Singh was a Lecturer in Commerce Department of Nirsoo Narayan College. He was appointed on 26.3.1984 and till the date of his death on 24.7.2005 he was working on this post. Since his father died in harness, petitioner filed his application for compassionate appointment before the Secretary of the Governing Body, but it has not been considered and on account of sudden death of his father, 2 family has no other source of income. Counter affidavit has been filed on behalf of Respondents 2 and 3 denying the claim of the petitioner for compassionate appointment. The specific case of Respondent No. 3 is that late Satyendra Narayan Singh, father of the petitioner had left his service in the year, 1994, thereafter he never resumed his service. The claim of the petitioner regarding approval of his father’s appointment by Bihar College Service Commission has also been denied stating that letter No. 1186 dated 20th March, 1997 (Annexure-3) addressed by the Bihar College Service Commission to the petitioner’s father also indicates that at the relevant time, he was not working as Lecturer in the college. The letter had been dispatched at his village address, which in itself supports the statement made in the counter affidavit, compassionate appointment cannot be claimed as a matter of right, only after proper scrutiny, such appointment letter can be issued in favour of the legal heir of an employee, who died in harness. Since the petitioner’s father, at the time of his death was not working on the post of Lecturer, he did not die in harness. The first requisite criteria for considering an 3 application for compassionate appointment, itself is lacking in case of the petitioner. He is not a legal heir of an employee who died in harness. Petitioner not being the legal heir of an employee, who died in harness, he cannot claim for compassionate appointment. Considering the objection raised by Respondent No. 3 and also that petitioner’s father was snot in continuous service, of the College, it is not a fit case, in which any direction can be issued to the respondents for considering petitioner’s claim for compassionate appointment. Serious allegation like manufacturing forged documents has been made by the respondents against the petitioner. In such doubtful case, no direction for compassionate appointment can be issued. Accordingly, I do not find any merit in this application. It is dismissed. DKS/ (Mridula Mishra, J.)