Tapti Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16728 of 2015 =========================================================== Tapti Kumari, Wife of Late Ramanuj Singh, resident of Village- Changodih, P.S.- Khaira, District Jamui .... .... Petitioner

Versus

1. The State of Bihar, through Principal Secretary, Department of Home, Government of Bihar, Patna.

2. The Director General of Police, Bihar, Patna.

3. The Assistant Director General of Police (Welfare), Bihar, Patna.

4. The Inspector General of Police, Patna, Range.

5. The Deputy Inspector General of Police, Patna Ranga.

6. The Senior Superintendent of Police, Patna .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Manoj Kumar Singh, Advocate For the Respondents : Mr. Ravish Chandra, AC to SC 6 =========================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 27-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner claims consideration of compassionate appointment of her son since the petitioner's husband was Havildar in the District Force, Patna Police and died while in harness on 28.12.2003.

Counter affidavit has been filed on behalf of the State. It has been mentioned that on 23.2.2010, son of the petitioner attained age of 12 years. Petitioner made an application for compassionate appointment of her son for the post of child constable on compassionate ground which was time barred. Claim is required to be made within five years as per the circular under

Patna High Court CWJC No.16728 of 2015 dt.27-08-2018 2/2 which the appointment on compassionate ground is claimed. Claim of the petitioner for appointment of her son was delayed. The specific fact has been averred in the counter affidavit with reference to the application and other documents received in the department, all of which are either of 23.2.2010 or thereafter. This assertion in counter affidavit has not been disputed or denied by the petitioner by filing re-joinder to the counter affidavit. Admittedly, the petitioner's application for compassionate appointment is time barred. The petitioner has no enforceable claim. The writ petition is dismissed. (Madhuresh Prasad, J) Shashi.

AFR/NAFR NAFR CAV DATE NA Uploading Date28.8.2018 Transmission Date NA