Raja Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.516 of 2019 In Civil Writ Jurisdiction Case No.6426 of 2015 ====================================================== 1.
Raja Kumar Singh, Son of Late Rambahadur Singh, R/o Village and P.O.- Valba Kuwari, P.S. Hajipur Sadar, District-Vaishali 2.
Tribhuwan Devi, Wife of Late Rambahadur Singh, R/o Village and P.O.- Valba Kuwari, P.S. Hajipur Sadar, District-Vaishali ... ... Appellant/s
Versus
1.
The State of Bihar Bihar 2.
The District Judge Vaishalit at Hajipur 3.
The Registrar Civil Court, Vaishalit at Hajipur ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Yogesh Chandra Verma, Sr. Advocate For the Respondent/s :
Mr.Gyan Prakash Ojha, G.A. 7 Mr. Uday Shankar Pandey, A.C. to G.A. 7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 19-07-2019 Heard Shri Yogesh Chandra Verma, learned senior counsel for the appellants.
2. Taking exception to the denial of the relief by the learned Single Judge under the impugned judgment dated 26th March, 2019 in C.W.J.C. No. 6426 of 2015 for compassionate appointment, the challenge has been raised contending that the grounds taken for rejection ought to have been construed keeping in view the background in which the claim of compassionate appointment had been made and was being
Patna High Court L.P.A No.516 of 2019(3) dt.19-07-2019 2/2 pursued by the widows of the deceased employee for the cause of their son. He submits that the issue of a second wife coming up before this Court may not be an impediment so long as it is not denied that the son of the deceased employee is entitled for consideration of compassionate appointment.
3. We entirely agree with him on this issue, but the fact remains that the son was only three years old when the father died and the claim has been set up in that regard obviously after his attaining majority about two decades later. It is this delay or laches which is evident from the facts of the case and therefore in view of the reasons aforesaid we are not inclined to interfere with the matter.
4. The Letters Patent Appeal stands consigned to records accordingly.
(Amreshwar Pratap Sahi, CJ) (Anjana Mishra, J) Jagdish/- U