Vijay Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.31 of 2018 In Civil Writ Jurisdiction Case No.10994 of 2012 ====================================================== Vijay Kumar, Son of Late Indradeo Singh, R/o- Village- Ramji Chak Bhataheri, Post Biyapur, P.S.- Maner, District- Patna. ... ... Appellant/s
Versus
1. The State of Bihar.
2. The Chief Engineer (Mech), National Highway, Bihar, Patna.
3. The Superintendent Engineer (Mech), National High Wah Mach Division, Muzaffarpur, Bihar.
4. The Executive Engineer (Mech), National Highway Mach Division, Muzaffarpur, Bihar.
5. The Chairman, District Compassionate Appointment Committee-cum District Magistrate, Muzaffarpur, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Dhananjay Prasad, Advocate For the Respondent/s :
Mr. Raj Ballabh Pd. Yadav- AAG 11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 16-07-2018 Office objections are overruled.
Apart from the fact that the petitioner's father was working in the work charged establishment, it is seen that he died in harness in the year 2009 and the claim for compassionate appointment has been rejected by the learned Writ Court mainly on the ground that after such a long period of time, i.e., more than 12 years, compassionate appointment cannot be granted, more so when the scheme for compassionate appointment does not provide for granting the same to an
Patna High Court LPA No.31 of 2018 dt.16-07-2018 2/2 employee who was working in the work charged establishment. Learned writ court has referred to various judgments of this court in coming to such a conclusion and, therefore, we see no error in the same warranting reconsideration. The appeal stands dismissed.
(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) K.C.Jha/UmaAFR/NAFR NAFR CAV DATE N/A Uploading Date 17.07.2018 Transmission Date N/A