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Patna High CourtL.P.A/991/2014dismissed

Sunil Kumar v. The State Of Bihar And ORS

2017-04-06Justice Smt. Nilu Agrawal,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.991 of 2014 IN Civil Writ Jurisdiction Case No. 3782 of 2013 =========================================================== Sunil Kumar S/o Late Kedar Thakur resident of village - Dubha, P.S. Sakra, District - Muzaffarpur .... .... Appellant

Versus

1. The State of Bihar through the Secretary, Human Resources Development Department, Govt. of Bihar, Patna

2. The Director, Primary Education, Bihar, Patna

3. The Deputy Director, Primary Education, Bihar, Patna

4. The District Magistrate cum Chairman District Compassionate Appointment Committee, Muzaffarpur, District - Muzaffarpur

5. The District Education officer, At / PO / PS - Muzaffarpur .... .... Respondents =========================================================== Appearance :

For the Appellant :

Mr. Yugal Kishore, Senior Advocate Mr. Diwakar Prasad Karn, Advocate For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 06-04-2017 Heard learned senior counsel for the appellant and counsel for the State.

The learned single Judge was correct in his opinion that there cannot be compassion within compassion. When the appellant has accepted his appointment on Class IV post way back on 01.07.2006 on the death of his father on 13.04.1998, he cannot be given further indulgence by giving a direction for his reappointment on a Class III post after 11 years of working under the respondent State authorities.

Patna High Court LPA No.991 of 2014 dt.06-04-2017 2/2 Appeal has no merit. It is dismissed.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) Pawan/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 06.04.2017 Transmission Date N/A