IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1598 of 2011
In
Civil Writ Jurisdiction Case No. 4770 of 2009
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Raj Kumar Sinha, Aged About 33 Years, S/o Late Bihari Saran, R/O Ward
No. 12, Pipra Bazar, P.S. - Pipra, Distt. Supaul at presented posted on the
post of Peon and working as Assistant Data Operator in the office of
Executive Engineer (Mechanical) Workshop Mechanic Division , Road
Construction Department , Khagaria.
.... .... Petitioner/Appellant
Versus
1. The State of Bihar through Secretary, Road Construction Department,
Bihar, Patna
2. Chief Secretary Government of Bihar , Main Secretariat, Patna
3. Engineer-In-Chief Cum Special Secretary, Road Construction
Department, Bihar, Patna
4. District Compassionate Appointment Committee, Patna through its
Chairman -Cum District Magistrate, Patna
5. Chief Engineer, (Machanical) Mechanical Wing (Upbhag), Road
Construction Department., Government of Bihar , Patna
6. Superintending Engineer (Mechanical) National Highway, Mechanical
Circle, Patna.
.... .... Respondents/Respondents
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Appearance :
For the Appellant/s : Mr. Praveen Kumar, Advocate.
For the Respondent/s : Mr. P.K. Verma AAG 5
Mr. Prabhat Kumar Sharan, A.C. to AAG 5.
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 15-11-2011 Feeling aggrieved by the judgment and order dated
26th July 2011 passed by the learned single Judge in above CWJC
No. 4770 of 2009, the writ petitioner has preferred the present
2 Patna High Court LPA No.1598 of 2011 (4) dt.15-11-2011
2/2
Appeal under Clause 10 of the Letters Patent.
After the death of his father, a Government servant,
in harness, the appellant has been offered compassionate
employment in Class IV service. Feeling aggrieved the appellant
filed above writ petition under Article 226 of the Constitution to
claim compassionate employment in Class III service as a matter
of course.
The learned single Judge has considered the
averments made in the writ petition and the judgments of the
Hon’ble Supreme Court and has rejected the writ petition. The
learned single Judge has held that once compassionate
employment is accepted, there cannot be another compassionate
appointment.
Learned Advocate Mr. Praveen Kumar has appeared
for the appellant. He has submitted that the appellant is qualified
for appointment in Class III service. Several other similarly
situated persons have been appointed as teachers in Class III
service. Nevertheless, the appellant is discriminated.
We agree with the learned single Judge. No case for
interference is made out. Appeal is dismissed in limine.
(R.M. Doshit, CJ)
Sujit /- (Birendra Prasad Verma, J)