Manoj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.513 of 2019 In Miscellaneous Jurisdiction Case No.3831 of 2018 ====================================================== Manoj Paswan, Son of Late Kishundeo Paswan, Resident of VillageMokarmpur, Police Station- Nalanda, District- Nalanda. ... ... Appellant/s

Versus

1.

The State of Bihar.

2.

The Secretary, Bihar State Electricity Board, Patna. 3.

The General Manager cum the Chief Engineer Patna Electric Supply undertaking west (PESO), Mangles Road, Patna. 4.

The Superintending Engineer, Patna Electric Supply under taking Bihar Electric Supply undertaking Bihar, State electric Board, Patna. 5.

The Labour Welfare Officer, Patna Electricity Supply Undertaking West Patna.

6.

The Joint Secretary, Bihar State Electricity Board, Patna. 7.

The Executive Engineer Electricity Supply Division, Patliputra, Patna. ... ... Respondent/s Appearance :

For the Appellant/s :

Mr. Bipin Bihari Singh, Advocate :

Mr. Shyama Kant Singh, Advocate For the Respondent/s :

Mr. Vinay Kirti Singh, Sr. Advocate :

Mr. Vijay Kumar Verma, Advocate :

Mr. Akhileshwar Singh, Advocate For the State :

Mr. Rakesh Ambastha, AC to AAG-7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 01-03-2021 Heard the parties.

Aggrieved by judgment and order dated 03.04.2019 passed by learned Single Judge of this Hon'ble Court passed in M.J.C. No. 3831 of 2018 arising out of C.W.J.C. No. 2230 of 2009 dismissing the restoration petition, present L.P.A. has been filed by appellant/petitioner.

Appellant had filed writ petition being C.W.J.C. No. 2230 of 2009 which was dismissed for non-prosecution on

Patna High Court L.P.A No.513 of 2019 dt.01-03-2021 2/2 08.03.2017 and restoration petition being M.J.C. No. 3831 of 2018 was filed for restoration of writ petition which was dismissed by learned Single Judge by order dated 03.04.2019 on the ground of delay and plausible explanation for such delay in filing restoration application after more than one and half years, against which present L.P.A. has been filed.

Appellant had filed writ petition for appointment on compassionate ground due to death of his father in harness in 2002 and his application for grant of compassionate appointment was rejected by competent authority by letter no. 691 dated 31.10.2007 and purpose for which compassionate appointment is provided to the dependents of deceased employee who died in harness does not survive after lapse of 18 years of his death, as such, this Court is not inclined to interfere in the order passed by the learned Single Judge, and, accordingly, the L.P.A. is dismissed.

(Sanjay Karol, CJ) ( S. Kumar, J) veena/- AFR/NAFR NAFR CAV DATE NA Uploading Date 19.03.2021 Transmission Date NA