IN THE HIGH COURT OF JUDICATURE AT PATNA
LPA No.422 of 2011
Sanjay Kumar son of Late Yadu Ram resident of village-
Bargaon, Police Station Nalanda, District Nalanda
.... Appellant / Petitioner
VERSUS
1. The State of Bihar
2. The Dy. Secretary, Personnel and Administrative
Reform Department, Government of Bihar, Patna
3. The District Magistrate- cum- Chairman, District
Compassionate Appointment Committee, Nalanda
4. The Dy. Collector Establishment, Nalanda
5. The District Planning Officer, Nalanda
..... Respondents/ Respondents
-------
3 14.7.2011 Heard learned counsel for the appellant and
learned counsel for the State.
Appellant has been denied compassionate
appointment because two other sons of the deceased
employee are in government employment. The
authorities have applied their minds to the relevant facts.
The arguments advanced on behalf of the appellant
create an impression that compassionate appointment is
being claimed as a matter of right. It is well settled in
law that compassionate appointment is an exception to
general rule of appointment by considering all rival
claims after advertisement. Such exception is only to
meet the dire needs of a family put in distress because
-2-
the sole bread earner in the family is no more. When
two sons of the deceased are in government service, the
authorities cannot be criticized in any way for not
accepting the claim for compassionate appointment.
We find no good reasons to take a different
view than what has been taken by the Writ Court. The
appeal is, therefore, dismissed.
(Shiva Kirti Singh, J.)
(Shivaji Pandey, J.)
sk