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Patna High CourtCWJC/14424/2013dismissed

Mister Anjani Mian v. The State Of Bihar And ORS

2016-11-22Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14424 of 2013 ====================================================== Mister Anjani Mian S/o Late Jumrati Mian, resident of village - Bairiya Kothi, Gadiyani Tola, P.S.- Bairiya, District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Bihar, Patna

2. The Chief Secretary, Bihar, Patna

3. The Principal Secretary, Water Resource Department, Govt. of Bihar, Patna

4. The Engineer-in-Chief, North, Water Resource Department, Govt. of Bihar, Patna

5. The Chief Engineer, Water Resource Department, Govt. Of Bihar, Valmikinagar, District- West Champaran

6. The Superintending Engineer, Tirhut Canal Circle, Bettiah, West Champaran

7. The Executive Engineer, Tirhut Canal Division No. 2, Bettiah, West Champaran

8. The Assistant Engineer, Tirhut Canal Sub Division No. 2, Bettiah, West Champaran

9. The Collector-cum-District Magistrate, Bettiah, West Champaran

10. Mister Jina S/o Late Jumrati Mian resident of village - Bairiya Kothi, Gadiyani Tola, P.S.- Bairiya, District- West Champaran. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar For the Respondent/s : Mr. Manikant Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 22-11-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking appointment of compassionate ground.

It appears that the petitioner is the youngest in his family, claiming the compassionate appointment over his elder brother on the basis that he has been nominated in the Will by his

Patna High Court CWJC No.14424 of 2013 (3) dt.22-11-2016 2/2 father.

This issue has already been adjudicated by this Court in C.W.J.C. No. 3412 of 2009 which relates to the same issue of his compassionate appointment. Once, he approached this Court and this Court refused to grant him relief, he cannot be allowed to raise same subsequently by filing a separate writ application, as it operates res judicata.

In such view of the matter, this Court does not find any merit in the present case and the same is, accordingly, dismissed.

(Shivaji Pandey, J) Mahesh/- U