IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1471 of 2011
In
Civil Writ Jurisdiction Case No. 7112 of 2009
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Vikas Kumar Jha, S/O Late Bachcha Jha, Resident of Village-Bengahi,
P.O.-Bengahi, P.S. Bairgania, District-Sitamarhi.
.... Petitioner .... Appellant
Versus
1. The State of Bihar, through Secretary, Home (Police) Department, Patna.
2. The Director General of Police, Bihar, Old Secretariat, Patna.
3. The Director General, Police (Personnel), Bihar, Old Secretariat, Patna.
4. The Inspector General, Police, Muzaffarpur, District-Muzaffarpur.
5. The Deputy Inspector General of Police, Tirhut Division, Muzaffarpur.
6. The Superintendent of Police, Muzaffarpur, District-Muzaffarpur.
7. The District Magistrate-Cum-Chairman, District Compassionate
Committee, Muzaffarpur, District-Muzaffarpur.
....Respondents .... Respondents
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Appearance :
For the Appellant/s : Mr. Durga Nand Jha, Advocate
For the Respondent/s : ------------
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 11-11-2011 Feeling aggrieved by the order dated 2nd August 2011
made by the learned single Judge in above CWJC No. 7112 of
2011, the writ petitioner has preferred this Appeal under Clause 10
of the Letters Patent.
The appellant is the son of one Bachcha Jha. The said
Bachcha Jha, a Police Constable, died on 15th August 1988 in
harness. It appears that the applications of his widow for
2 Patna High Court LPA No.1471 of 2011 (5) dt.11-11-2011
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compassionate employment of her adopted son one Vikash Kumar
Jha and for compassionate appointment of herself were rejected by
the competent authority on 30th March 1991 and on 28th November
1996 respectively. The claim for compassionate employment made
by the appellant was rejected in 2005 and 2007 as a belated claim.
The appellant has now lodged claim for compassionate
employment on the premise that the family is still suffering penury
and that the appellant is entitled to compassionate employment.
Learned single Judge has rejected the writ petition.
Therefore, the present Appeal.
Irrespective of the merits of the claim for
compassionate employment, we are of the opinion that the
employment can not be claimed or offered on compassionate
grounds 20 years after the death of the Government servant.
For the aforesaid reasons, the Appeal is dismissed in
limine.
(R.M. Doshit, CJ)
(Birendra Prasad Verma, J)
B. Tiwary/Anjani /-