Patna High CourtL.P.A/204/2016dismissed

Ajit Kumar @ Sonu Kumar v. The State Of Bihar And ORS

2017-04-24Mr. Justice Sudhir Singh,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.204 of 2016 Arising out of Civil Writ Jurisdiction Case No. 461 of 2011 =========================================================== Ajit Kumar @ Sonu Kumar, Son of late Shankar Prasad, Resident of Mohalla - Kurjee Baloo Par, P.O. Sadakat Ashram, P.S. Digha, District Patna. .... .... Appellant/s

Versus

1. The State of Bihar.

2. The District Magistrate, Patna.

3. The District Magistrate-cum-Chairman, District Compassionate Committee, Patna.

4. Superintendent, Patna Medical College Hospital, Patna.

5. Deputy Collector (Establishment), Collectorate, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Dhirendra Nath Jha, Advocate For the Respondent/s :

=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 24-04-2017 Claim of the appellant for grant of compassionate appointment was rejected by the learned Writ Court on account of the fact that after death of the employee concerned, namely, father of the appellant on 26.12.2001 initially an application for compassionate appointment was made by mother of the appellant but her educational certificates were found to be not genuine and, therefore, she was not granted appointment. The family kept quiet for five years and after five years the appellant, son of the deceased employee, claimed compassionate appointment and finding that after a period of five

Patna High Court LPA No.204 of 2016 dt.24-04-2017 2/2 years of death, compassionate appointment cannot be granted to the appellant, the writ petition has been dismissed.

2. We see no error in the same warranting interference into the matter. When the appellant's family survived the financial crisis for five years and if they were not interested in seeking compassionate appointment by filing a petition within a reasonable time, the learned Writ Court has not committed any error in dismissing the writ petition on such consideration. Accordingly, finding no error in the order passed by the learned Writ Court, the Letters Patent Appeal is dismissed.

(Rajendra Menon, CJ) (Sudhir Singh, J) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 27.04.2017 Transmission Date