Patna High CourtL.P.A/326/2017dismissed

Ram Babu Ram v. The State Of Bihar And ORS

2018-04-11Justice Smt. Nilu Agrawal,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.326 of 2017 In Civil Writ Jurisdiction Case No.631 of 2015 ====================================================== Ram Bablu Ram, S/o Late Budhu Ram, R/o Moh. - Ambedkar Nagar, P.S. Siwan, District - Siwan ... ... Appellant

Versus

1. The State of Bihar

2. Principal Secretary, Health Department, Government of Bihar, Patna

3. District Magistrate, Saran ( Chapra )

4. District Compassionate Committee, Saran ( Chapra ) through its Chairman - Cum - District Magistrate, Saran

5. Director - in - Chief, Health Services, Bihar, Patna

6. Civil Surgeon - Cum - Chief Medical Officer, Saran ( Chapra )

7. Incharge Medical Officer, Referral Hospital, Taraiya, District - Saran ... ... Respondents ====================================================== Appearance :

For the Appellant/s :

Mr. Rajeev Kumar Singh For the Respondent/s :

Mr. Anil Kr. Verma, AC to AAG-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date : 11-04-2018 Heard counsel for the appellant and counsel for the State.

Bald assertions and statement that the present appellant was living with his father, who are separated from his mother, only for the sake of making out a case for compassionate appointment, cannot be accepted on the face value unless there was judicial separation and it was shown that the present appellant was in custody of the father.

Patna High Court LPA No.326 of 2017 dt.11-04-2018 2/2 The mother as well as another brother are Government servants, and, therefore, compassionate appointment cannot be provided to all the unemployed children of a former Government servant on one pretext or the other.

The Court is not inclined to interfere with the order dated 24.01.2017, passed by the learned Single Judge dismissing the writ application.

The appeal is dismissed.

(Ajay Kumar Tripathi, J) ( Nilu Agrawal, J) Rajesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 12.04.2018 Transmission Date NA