Bandana Prakash v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1191 of 2018 In Civil Writ Jurisdiction Case No.20301 of 2010 ====================================================== Bandana Prakash D/o Late Vijay Pratap Rajiv, R/o Servant Quarter, P.M.C.H. Campus, P.S.-Pirbahore, District-Patna ... Appellant

Versus

1.

The State of Bihar 2.

Commissioner Cum Secretary Health Medical Education And Family Welfare, Govt. of Bihar, Patna.

3.

Director Health Services Govt. of Bihar, Patna. 4.

The Secretary Health Services, Govt. of Bihar, Patna. 5.

Superintendent Patna Medical College Hospital, Ashok Raj Path, Patna. ... ... Respondents ====================================================== Appearance :

For the Appellant :

None For the Respondents :

AC to Mr. S.D. Yadav- AAG9 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA and HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) 08-01-2020 No one appears for the appellant on repeated calls. However, learned AC to AAG 9 is present.

Interlocutory Application No.8038 of 2018 has been filed under section 5 of the Limitation Act for condoning the delay of 76 days in filing of this appeal.

Delay in filing of this appeal is condoned and accordingly I.A.No.8038 of 2018 stands disposed of. Father of the appellant died in the year 1996 and at the time of death of her father, she was only aged about 6 years

Patna High Court L.P.A No.1191 of 2018(3) dt.08-01-2020 2/2 and 8 months. However, she attained majority in the year 2008 and, thereafter, she applied for her appointment on compassionate ground. Learned Single Judge dismissed the writ application passing the impugned order on the ground that the claim of the appellant was time barred. It appears that the appellant's father died in the year 1996, whereas claim for compassionate appointment was made in 2009, i.e. after lapse of 13 years.

In the facts and circumstance of the case, we do not find any ground to interfere into the impugned order and, accordingly, this Letters Patent Appeal stands dismissed. (Hemant Kumar Srivastava, J) (Prabhat Kumar Singh, J) Shashi U