IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1109 of 2011
In
Civil Writ Jurisdiction Case No. 14218 of 2005
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Marachchiya Devi, W/o Late Raju Ravidas, R/o Village-Chilbilli, P.S.-
Phulwarisharif, District-Patna.
.... .... Appellant/s
Versus
1. The State of Bihar.
2. The Secretary, Energy Department, Government of Bihar, Patna.
3. The Director, Bihar Renewal Energy Development Agency, First Floor,
Sone Bhawan, Birchand Patel Path, Patna.
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr. Sanjeev Nikesh, Advocate.
For the Respondent no. 3 : Mr. Manu Shankar Mishra, Advocate.
For the Respondent nos. 1 & 2:Mr. Anjanai Kumar Jha, A.C. to SC 13
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 30-08-2011 Feeling aggrieved by the judgment and order dated
5th April 2011 passed by the learned single Judge in above CWJC
No. 14218 of 2005 the petitioner has preferred the present Appeal
under Clause 10 of the Letters Patent.
The claim of the appellant for compassionate
employment has been rejected by the learned single Judge on the
ground that she, at the time of making application, was not
qualified for employment under the State Government. Therefore,
the present Appeal.
It appears that the husband of the appellant was
employed as a peon in the Energy Department of the State
Government. While serving as a peon he passed away in 2002.
The appellant’s application for compassionate employment was
2 Patna High Court LPA No.1109 of 2011 (3) dt.30-08-2011
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not considered for want of requisite qualification.
Learned advocate Mr. Sanjeev Nikesh appearing for
the appellant, has relied upon the Government Circular dated 18 th
December 2008 indicating that the Maha Dalits may be appointed
on compassionate employment even though they are not qualified,
on condition that they would acquire the requisite qualification
within two years. Mr. Sanjeev Nikesh has submitted that the
petitioner is a Maha Dalit; she, therefore, should be granted the
benefit of 2008 Circular.
We are unable to agree with learned Advocate Mr.
Sanjeev Nikesh. 2008 Circular does not contemplate
reconsideration of the cases decided. It is now nearly ten years
since the death of the appellant’s husband.
No case for interference is made out. The appeal is
dismissed in limine.
(R.M. Doshit, CJ)
Sujit Kumar Sharma/- (Birendra Prasad Verma, J)