IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18653 of 2009 1. AJAY KUMAR S/O LATE RAM SAKAL SAHU R/O VILL- TULA RAM BHUSKA, P.S. MEHARMA, DISTT. GODDA Versus 1. THE STATE OF BIHAR 2. THE DISTRICT COMPASSIONATE COMMITTEE MUNGER 3. THE DISTRICT SUPERINTENDENT OF EDUCATION (D.S.E.) MUNGER 4. THE DISTRICT SUPERINTENDENT OF EDUCATION (D.S.E.) SHEIKHPURA 5. THE DISTRICT EDUCATION OFFICER (D.E.O.) SHEIKHPURA 6. THE HEADMASTER TAILKAR VAISHYA MIDDLE SCHOOL, BARBIGHA, DISTT. SHEIKHPURA ----------- 02/ 03.05.2010 Heard counsel for the petitioner and counsel appearing for the State. Petitioner’s father died in harness on 18.7.1985 while working as Headmaster. At the time of his father’s death petitioner was a minor, as such his mother had filed an application for her compassionate appointment on 1.4.1986. Petitioner’s case is that his mother has filed application for compassionate appointment initially on 1.4.1986 and again on 11.2.1988. In the meantime, she fell ill and the application was not persuaded. No action has been taken by the respondents on the application filed by the petitioner’s mother. Subsequently the mother of the petitioner filed another application on 13.6.1998 with a prayer that the petitioner be appointed on compassionate ground. Petitioner was a minor at the time when application - 2 - was filed by his mother for his compassionate appointment. After so many years the petitioner has filed this writ application for a direction to the respondents to consider his case for compassionate appointment and for giving direction to the D.S.E., Munger to recommend the name of the petitioner to the District Compassionate Committee, Munger for proper consideration. The petitioner has annexed a letter issued by the District Superintendent of Education, Munger to District Superintendent of Education, Sheikhpura informing that the application filed by the mother of the petitioner for her appointment has been dismissed long time back in the year, 1991. So far the application filed by the petitioner in the year, 1998 is concerned, admittedly the petitioner was minor at the relevant time. I do not find that petitioner deserves for his compassionate appointment as the compassionate appointment cannot be a regular mode of appointment. It is just a relief provided to the family instantly after the death of the bread earner. Admittedly, after so many years this application is being filed for appointment on compassionate - 3 - ground but otherwise the petitioner has to face competition for his appointment, he can apply for the post on merit basis. It is not a fit case in which any direction can be issued for compassionate appointment. This application is dismissed. DKS/ (Mridula Mishra, J.)