Article 14 of the Constitution of India prohibits the state from denying equality before the law or equal protection of the laws to any person within the territory of India.

Radha Mohan Prasad, J.

1. The prayer is the writ petitions is to quash annexure-9 and to issue writ of mandamus commanding respondents to give appointment to the petitioner No.2 on compassionate ground in terms of government Circular (Annexure-1 ).

2. The petitioners claim to be the wife and son of the government servant late Jagat Bahadur, who died in harness on 24-12-82. The petitioners being dependents of the deceased Government servant claimed appointment on the compassionate ground in the light of the government circular contained in letter No.12764 dated 12-7-1977 issued by the Personnel and Administrative reforms Department (Annexure-1 ). However, the claim was rejected vide letter No.3222 dated 26-8-94 issued by the Under-Secretary, Water Resources department, State of Bihar (Annexure9) solely on the ground that they were citizens of Nepal, for whom there is no provision for giving appointment to the dependent of the deceased government servant on the compassionate ground,

3. The learned Counsel for the petitioners submitted that the aforementioned Government circular (Annexure-1) does not differentiate between a citizen of this country and a non- citizen. According to the learned counsel, under Annexure-1 the case of any one member of the family of the deceased government servant is to be considered for appointment on the post of class III and IV no compassionate ground. The conditions for consideration as laid down are that the financial condition of the family of the government servant is not good and that none in the family is in a condition to extend support for ordinary living and sustenance of the family. The other condition is that such member of the family must fulfil the requisite qualification for the post and is within the prescribed age limit, which, under special circumstance, can be relaxed in the exercise of the power under rule 54 of the bihar Services Code. Further, such member of the family has been exempted from getting himself registered in Employment Exchange for such appointment and the decision in regard to it solely vests in the appointing authority. Ordinarily the claim for such appointment is available only for two years of the death of the deceased government servant to a member of his family, which means his wife, son and unmarried daughter.

4. The learned Counsel submitted that the petitioner No.2 fulfils all the criteria mentioned in the circular contained in Annexure-1 and thus, filed application for appointment on compassionate ground after the death of his deceased father in harness. Yet his claim has been arbitrarily rejected solely on the ground that he is a citizen of nepal to whom the provision relating to appointment on compassionate ground is not applicable and the impugned order thus, violates the provision of the governments decision contained in annexure-1 as well as the fundamental right guaranteed in Articles 14 and 16 (1) of the Constitution of India.

5. The learned G. P.9 appearing for the State and its officers- respondents, on the other hand, submitted that the petitioners not being the citizens of this country cannot claim any relief on the basis of the circular, contained in Annexure-1. It was further submitted by the learned G. P.9 that the petitioners cannot complain violation of equality clause enshrined in Articles 14 and 16 of the Constitution of India as the paid provisions apply to the citizens of this country and not to non-citizens. The last contention of the learned G. P.9 does not have any substance to support the rejection of the claim of the petitioners by the respondents. The Circular contained in Annexure-1 does not differentiate between the family members of a deceased government servant, whether an Indian citizen or non-citizen for seeking appointment on compassionate ground. It only provides that after the death of the government servant any one member of his family shall get preference in the matter of appointment on compassionate grounds in