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Patna High CourtCWJC/20301/2010dismissed

Bandana Prakash v. The State Of Bihar And ORS

2018-07-12Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20301 of 2010 =========================================================== Bandana Prakash D/O Late Vijay Pratap Rajiv R/O Servant Quarter, P.M.C.H. Campaus, P.S. Pribahore, District - Patna .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Commissioner Cum Secretary Health Medical Education And Family Welfare, Govt. Of Bihar, Patna

3. Director Health Services Govt. Of Bihar, Patna

4. The Secretary Health Services, Govt. Of Bihar, Patna

5. Superintendent Patna Medical College Hospital, Ashok Raj Path, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Md.Kamaluddin For the Respondent/s : Mr. Chhote lal nr. Singh SC1 =========================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date: 12-07-2018 1.

The petitioner, by way of the present writ petition, has prayed for grant of appointment on compassionate ground. 2.

The short facts of the case are that the father of the petitioner died in the year 1996 when the petitioner was 6 years and 8 months old and she attained the age of 18 years only in the year 2008, however she applied for appointment on compassionate ground on 09.07.2009 when her age was 19 years.

3.

The law on the subject matter under consideration is very clear as has been stated in a catena of decisions whereunder, it has been held that :

Patna High Court CWJC No.20301 of 2010 dt.12-07-2018 2/2 " a claimant, after attaining the age of majority cannot be granted compassionate appointment if such case is barred by limitation."

4.

In the present case, the petitioner has admittedly applied for appointment on compassionate ground after attaining the age of majority beyond the period of limitation prescribed for applying for appointment on compassionate ground. Reference in this regard be had to the order of this Hon'ble Court passed in CWJC no. 3974 of 1992 and other analogous cases.

4.

In view of the aforesaid, it appears that there is no merit in the present petition, accordingly the same is dismissed. (Mohit Kumar Shah, J) rinkee/- AFR/NAFR NAFR CAV DATE NA Uploading Date23.07.2018 Transmission Date NA