IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.958 of 2008 Bimlesh Kumar Dubey son of late Awadhesh Kumar Dubey resident of Mohalla Mohmad Heyat Khan Ki Gali Dumraon, P.S. Dumraon, District Buxar Versus 1. The State of Bihar 2. The Commissioner-cum-Secretary, Department of Health, Bihar Government, Patna. 3. The Civil Surgeon-cum-Chief Medical Officer, Department of Health, Buxar. 4. The Medical Officer In-charge, Primary Health Centre, Nawanagar (Buxar) 5. The District Compassionate Committee through District Magistrate. 6. The District Magistrate, Buxar 7. Mostt. Chanchala Dubey wife of late Mithilesh Dubey, at present working on the post of Clerk, Primary Health Centre, Nai Bazar Buxar, P.S. & District Buxar ----------- For the appellant : Mr. Dhrub Narayan, Senior Advocate, M/S.Ravi Bhushan Prasad & Anil Kumar Singh For the respondents 1 to 6 : Mr. Subhash Prasad Singh, G.A. VIII & Mr.Indeshwari Prasad Mandal. For the respondent no. 7 : Mr. Ambar Nath Banerjee. ------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------ Dated, 4th December, 2008 The claim of the appellant for appointment on compassionate ground on the death of his father Awadhesh Kumar Dubey cannot be said to have been wrongly rejected as he has admitted in the writ petition that all the three sons of late Awadhesh Kumar Dubey were separate in mess during the life time of their - 2 - father (late Awadhesh Kumar Dubey). If the appellant was separate in mess during the life time of his father, surely his case would not be covered for appointment on compassionate ground. The provision for appointment on compassionate ground is an exception to the ordinary mode of recruitment to enable the dependents of the deceased employee to tide over financial crisis that might have struck the family due to the death of the sole earning member. If during the life time of his father, the appellant was separate in mess, by no stretch of imagination, it can be said that he has no financial means for his sustenance. 2. The order dated 22nd October, 2008 passed by the Single Judge in the writ petition does not call for any interference by this Court. 3. Letters Patent Appeal is dismissed in limine. R.M.Lodha, CJ. Kishore K.Mandal, J. AMIN/