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2012 DIGILAW 1263 (PAT)

ANIL KUMAR SINGH v. STATE OF BIHAR

2012-09-07

SHIVA KIRTI SINGH, VIKASH JAIN

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Oral ORDER SHIVA KIRTI SINGH, J. Heard learned counsel for the appellant and perused the order under appeal dated 22.12.2011 whereby writ petition preferred by the appellant bearing CWJC No. 14975 of 2007 has been dismissed. 2. On account of death of his father in harness in the year 2001, the appellant was recommended for appointment on compassionate grounds against a Class IV post. He accepted the appointment and is in service since 18.6.2004. 3. Encouraged by some wrong practices in the District of Aurangabad whereunder persons recommended for Class IV posts were subsequently recommended for Class III posts, the appellant preferred writ petition in the year 2007 for a direction to the concerned Committee headed by the District Magistrate, Aurangabad to consider and appoint the appellant on any Class III post. 4. It is well settled in law that compassionate appointment is not a matter of right and in any case when appointment has been offered and accepted by a person in need of immediate help, the law does not permit re-appointment on a higher post on the ground of compassion. Wrong practices in a Collectorate cannot persuade this Court to ignore the vital fact that compassionate appointment is offered only to meet grave exigency of the situation arising on account of death of a bread earner. Such appointments are an exception to the Constitutional mandate that employment under the State must be given only on the basis of merit. 5. We find no merit in this appeal. It is accordingly dismissed.