IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1312 of 2011
In
Civil Writ Jurisdiction Case No. 3088 of 2008
With
Interlocutory Application No. 6461 of 2011
In
Letters Patent Appeal No.1312 of 2011.
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Nitesh Kumar Mishra, son of late Om Prakash Mishra, resident of Village -
Sardha, P.S. Muffasil, District - Saran at Chapra
.... .... Petitioner / Appellant
Versus
1. The State of Bihar through the Director - in - Chief, Health Service,
Govt. of Bihar, Patna
2. The Director - in - Chief, Health Services, Govt. of Bihar, Patna
3. The Deputy Director, Health Services, Govt. of Bihar, Patna
4. The Director, T.B. Administration and Training Centre, Agamkuan,
Patna
5. The District Magistrate, Patna
.... .... Respondents / Respondents.
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Appearance :
For the Appellant/s : Mr. Binod Murari Mishra, Advocate.
For the Respondent/s : Dr. Anil Kumar Upadhyay, SC 20.
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2 19-09-2011 Re. Interlocutory Application No. 6461 of 2011.
The delay of 91 days occurred in filing the Letters
Patent Appeal is condoned.
Interlocutory Application stands disposed of.
Re. Letters Patent Appeal No. 1312 of 2011.
Feeling aggrieved by the judgment and order dated
2 Patna High Court LPA No.1312 of 2011 (2) dt.19-09-2011
2/2
19th April 2011 made by the learned single Judge in above CWJC
No. 3088 of 2008, the writ petitioner has preferred the present
Appeal under Clause 10 of the Letters Patent.
The appellant claims compassionate employment on
the premise that his father late Om Prakash Mishra passed away on
21.02.1992 in harness. The petitioner, then a minor aged about five
years, on attaining the age of majority applied for compassionate
employment. The said application has been rejected by the
respondents as time barred. The challenge to the rejection of the
application for compassionate employment before the learned
single Judge has failed. Therefore, the present Appeal.
We agree with the learned single Judge. There cannot
be compassionate employment 20 years after the death of the
government servant concerned. Admittedly, the appellant being
the minor did not apply for compassionate employment within the
specified period.
No case for interference is made out.
Appeal is dismissed in limine.
(R.M. Doshit, CJ)
(Birendra Prasad Verma, J)
Dilip.