IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1444 of 2011
In
Civil Writ Jurisdiction Case No. 12764 of 2007
With
Interlocutory Application No. 6941 of 2011
In
Letters Patent Appeal No.1444 of 2011.
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Md. Anjum Prawej, Son of Late Md. Shahabuddin, Ex-Bill Clerk, Electric
Supply Sub-Division, Jhajha, permanent resident of Village - Khalasi Tola,
Jhajha, P.O. and P.S. Jhajha, District- Jamui
.... .... Petitioner .............. Appellant
Versus
1. The State of Bihar through the Secretary, Human Resources
Development Department, Old Secretariat, Patna
2. The Chairman, Bihar State Electricity Board, Bailey Road, Patna
3. The General Manager-cum-Chief Engineer, Bhagalpur Electric Supply
Circle, Bhagalpur
4. The Joint Secretary, Bihar State Electricity Board, Patna
5. The Personnel Officer, Office of the Electrical Superintending Engineer,
Electric Supply Circle, Munger
6. The Sr. Personnel Manager, Bihar State Electricity Board, Patna
.... .... Respondents ..... Respondents.
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Appearance :
For the Appellant/s : Mr. Sajid Salim Khan, Advocate.
For the State : Mr. Kaushal Kumar Jha, SC 4.
For the BSEB : Mr. Vinay Kirti Singh, Advocate.
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 15-11-2011 Re. I.A. No. 6941 of 2011.
The delay of 104 days occurred in filing the
Letters Patent Appeal is condoned.
2 Patna High Court LPA No.1444 of 2011 (3) dt.15-11-2011
2/2
Interlocutory Application stands disposed of.
Re. L.P.A. No. 1444 of 2011.
Feeling aggrieved by the judgment and order dated
8th April 2011 passed by the learned single Judge in above
CWJC No. 12764 of 2007, the writ petitioner has preferred this
Appeal under Clause 10 of the Letters Patent.
The appellant, son of one Md. Shahabuddin, an
employee of the respondent Bihar State Electricity Board, seeks
employment on compassionate ground. The aforesaid Md.
Shahabuddin died on 30th January 2005 in harness. The appellant
at that time had admittedly passed 37 years of age; the maximum
age at which the compassionate employment can be offered.
The challenge to the rejection in the above writ petition has
failed before the learned single Judge. Therefore, this Appeal.
We agree with the learned single Judge. The
appellant now is past 40 years of age. We are unable to
comprehend that the appellant at the age of 37 years was
dependent upon his father. The claim for compassionate
employment made by the appellant has rightly been rejected.
No case for interference is made out.
Appeal is dismissed in limine.
(R.M. Doshit, CJ)
(Birendra Prasad Verma, J)
Dilip.