High Court Patna High Court - Orders

Manoj Kumar Gupta vs The State Of Bihar & Ors on 22 September, 2011

Patna High Court – Orders
Manoj Kumar Gupta vs The State Of Bihar & Ors on 22 September, 2011
                          IN THE HIGH COURT OF JUDICATURE AT
                                        PATNA
                               Civil Writ Jurisdiction Case No.7326 of 2010
                        1. Manoj Kumar Gupta S/O Late Saroj Kumar Sinha R/O 72,
                        Tekari Road, Bata More, Gaya, P.S.Kotwali, Town &Distt-
                        Gaya

                                                     Versus
                        1. The State Of Bihar Through The Secretary Govt. Of Bihar,
                        Old Secretariat, Patna
                        2. The Commissioner-Cum-Secretary, Department Of Finance
                        Govt. Of Bihar, Old Secretariat, Patna
                        3. The Additional Finance Commissioner-Cum-Chairman
                        Compassionate Committee, Department Of Finance Govt. Of
                        Bihar, Old Secretariat, Patna
                        4. The Superintendent , Press & Forms Gaya

                                          ----------------------------------

3. 22.09.2011 Heard learned Counsel for the petitioner and the State.

Father of the petitioner died in harness on 27.11.1986. His

claim for compassionate appointment attained finality when CWJC No.

4364 of 1992 was dismissed on 25.2.1993 holding that in view of the

Government Policy that if other sons of the deceased were in

government employment the petitioner was not eligible to be

considered.

Counsel for the petitioner submits that liberty was granted to

satisfy the authorities that his brothers were separate in mess and

residence. That perhaps pertains to the administrative domain only. In

so far as the Court and the questions of law are concerned, it attained

finality when the Court held that it was unable to grant relief and

dismissed the matter.

In any event of the matter the Court has serious reservation

that any claim for compassionate appointment shall lie belatedly in

2010 on account of death in 1986.

The writ application is dismissed.

     Snkumar/-                                                      (Navin Sinha,J.)