Judgment 1. Heard the parties. 2. Petitioners husband was an Assistant in the Department of Planning and Development, Government of Bihar. After his death in service, petitioner as a widow applied for appointment on compassionate basis. The competent Central Compassionate Committee recommended for her appointment on a class III post as per her qualification. Respondent no. 3, the Director, Statistics and Valuation, who was to make the appointment as per recommendation of the competent committee chose to form a committee as per his own decision for the purpose of testing the merit of the petitioner and allegedly on the basis of said test, the petitioner was offered an appointment in a class IV post after about a delay of one year. It is not in dispute that petitioner has necessary qualification for appointment to class III post and her certificates etc. have already been got verified. 3. A perusal of the policy decision of State Government as contained in Annexure-R-3/A leaves no doubt that in matters of compassionate appointment it is the compassionate committee, which has power and jurisdiction to make recommendation for appointment to a class III or class IV post and the order of appointment has to be issued by the concerned department as per the recommendation of the committee. The stand of the respondents that in view of a letter dated 15.11.1998 issued under the signature of Under Secretary, Department of Personnel and Administrative Reforms (Annexure-R-3/C) the power to find out the eligibility or ineligibility of a candidate duly recommended by the competent committee will be available to the Administrative Department, in my view, cannot change the policy decision of the Government contained in Annexure-R-3/A. An appointment on compassionate basis is granted without holding any kind of competitive examination etc. The very concept of introducing this kind of test only on the basis of a letter runs counter to the policy decision of the Government in this matter and, therefore, I have no hesitation in holding that the action of the respondents is against law. 4. Accordingly, the prayer made in this application is allowed and the concerned respondent is directed to offer an appointment to the petitioner on a class III post within one month from the date of production/ communication of a copy of this order before respondent no. 3. In the facts of the case, there shall be no order as to costs.