IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12 of 2011 ====================================================== Kishor Kumar Mahto S/o Late Satya Narayan Mahto, Resident of Village- Singhia, Diwanganj, P.S. Sadar, Dist- Purnia .... .... Petitioner/s Versus 1. The Union Of India through the Secretary, Ministry of Railway, New Delhi 2. The Divisional Railway Manager, Eastern Railway, Malda 3. The Senior Division Personal Officer, Eastern Railway, Malda 4. The General Manager, Eastern Railway, New Kailagh at Building, 1st Floor, Strand Road, Kolkata 5. The Station Manager, Eastern Railway, Sahebganj .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr Bindhya Keshri Kumar, Sr. Advocate Mr. Sanjeev Kumar, Advocate For the Respondent/s : Mr. Anil Singh, Advocate ====================================================== 6 13-10-2011 Heard learned counsel for the petitioner and perused the order of the Central Administrative Tribunal dated 19th August, 2010 whereby OA No.566 of 2009 preferred by the petitioner for seeking compassionate appointment has been dismissed. No doubt, the Railways rejected the claim of the petitioner on a technical ground because the surviving wife of the deceased employee did not indicate her desire for compassionate appointment of the petitioner, who is son from the first deceased wife. However, it is evident that the death of the employee occurred on 18th September, 1999 and now, the petitioner is aged about 43 years and the immediate crisis on account of sudden death of the employee in harness is already over. Patna High Court CWJC No.12 of 2011 (6) dt.13-10-2011 2 Following the settled law of the Hon’ble Supreme Court that compassionate appointment is not a matter of right and an exception to the general rule of appointment in compliance with Article 14, we find no good reason to interfere in the matter for ordering compassionate appointment of petitioner when he is overage for government service. The writ petition is dismissed. sk (Shiva Kirti Singh, J) (Shivaji Pandey, J)