IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1114 of 2011
In
Civil Writ Jurisdiction Case No. 12587 of 2007
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1. Monika Bhatt D/O Late Bhupendra Bhatt R/O Vilalge - Alam Nagar,
P.S.- Alam Nagar, District - Madhepura , At Presnt Mohalla - Postal Park
Near Tempo Stand, Ram Nagar Road, (Kaiyasth Toli), P.S. - Kankarbagh,
District - Patna
.... .... Appellant/s
Versus
1. The State Of Bihar
2. The Commissioner-Cum-Secretary, Mines And Minerals Department,
New Secretariate Biahr, Patna
3. Central Compassionate Appointment Committee, through its Chairman,
Commissioner-Cum-Secretary, Personnel and Administrative Reforms
Department, Government of Bihar, Patna
4. The Secretary, Personnel and Administrative Reforms Department,
Government of Bihar, Patna
5. Lakhsmi Bhatt W/O Late Bhupendra Bhatt R/O Alam Nagar, P.S. - Alam
Nagar,, District - Madhepura At Present Mohalla - Postal Park Near Tempo
Stand, Ram Nagar Road, (Kaiyasht Toli), P.S. - Kankarbagh, District -
Patna
.... .... Respondent/s
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Appearance :
For the Appellant/s :
M/S. Raj Kishore Prasad Singh,
with Bal Bhushan Choudhary, Advocates.
For the Respondent/s : Mr. A.K.Dubey, A.C. to A.A.G. 4
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2 09-09-2011 This Appeal under Clause 10 of the Letters Patent is
preferred by the petitioner no.2 against the judgment and order
dated 8th April 2011 passed by the learned single Judge in above
Patna High Court LPA No.1114 of 2011 (2) dt.09-09-2011
2
C.W.J.C. No. 12587 of 2007.
The appellant is the daughter of one Bhupendra Bhatt. The
said Bhupendra Bhatt, a Government employee, died on 25 th May
2000 in harness. At that time the appellant was a minor. The
widow of the said Bhupendra Bhatt, mother of the appellant,
applied for compassionate employment. Her claim for
compassionate employment was rejected as she did not possess
requisite qualification. Thereafter, the appellant having attained
the age of majority, claimed compassionate employment. As her
claim was not processed, the widow and the appellant filed above
C.W.J.C. No. 12578 of 2007. By the impugned judgment dated 8 th
April 2011 the learned single Judge has rejected the writ petition.
Therefore, the present Appeal.
Learned advocate Mr. Raj Kishore Prasad Singh has
appeared for the appellant. He has submitted that the wife of the
deceased has forgone her claim for compassionate employment
and the daughter of the deceased claims for compassionate
employment.
It is more than ten years since the death of the aforesaid
Bhupendra Bhatt. Twice the claim for compassionate appointment
made by his widow was rejected. The claim for compassionate
employment after more than ten years cannot be entertained.
Learned single Judge has rightly rejected the petition.
No case for interference is made out.
Appeal is dismissed in limine.
(R.M. Doshit, CJ)
(Birendra Prasad Verma, J)
BTiwary/-