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Patna High CourtL.P.A/2059/2016dismissed

Janki Devi v. The State Of Bihar And ORS

2017-08-24The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.2059 of 2016 IN Civil Writ Jurisdiction Case No. 2528 of 2016 =========================================================== Janki Devi W/o Late Gauri Shankar Choudhary Residing at P.H.E.D. Staff's Quarter, P.O. + P.S. Banka, District - Banka .... .... Appellant/s

Versus

1. The State of Bihar through Principal Secretary, Public Health Engineering Department, Govt. of Bihar, Patna

2. The Chief Engineer ( Mechanical ), Public Health Engineering Department, Govt. of Bihar, Patna

3. The Superintending Engineer, Public Health Engineering Department, Anchal Bhagalpur, District - Bhagalpur

4. The Executive Engineer, Public Health Division, Banka, District Banka .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Dhananjay Kumar Gupta, Advocate For the Respondent/s : Mr. Vishambhar Prasad, AC to AAG-5 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 24-08-2017 After death of her husband in the year 1995 the writ petition in question was filed after 21 years by the appellant seeking compassionate appointment and the learned Writ Court has dismissed the writ petition only on the ground that after 21 years compassionate appointment cannot be granted. The aforesaid order passed by the learned Writ Court refusing compassionate appointment after a period of 21 years, does not warrant interference in view of the law laid down by the Supreme Court in the following cases:

Patna High Court LPA No.2059 of 2016 dt.24-08-2017 2/2

1. Jagdish Prasad Vs. The State of Bihar & anr: (1996) 1 SCC 301,

2. Haryana State Electricity Board and anr. Vs. Hakim Singh: (1997) 8 SCC 85, and

3. Sanjay Kumar Vs. The State of Bihar & Ors.: (2000) 7 SCC 192.

We see no reason to make indulgence into the matter. The appeal stands dismissed.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) S.Pandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.08.2017 Transmission Date