Dismissed

Md. Intekhab Ahmad v. The State Of Bihar and Ors.

Patna HC19 Oct 2016L.P.A/661/2014

Case brief

AI extract

What is this about?

The Patna High Court dismissed an appeal against the rejection of a claim for compassionate appointment due to a 16-year delay. The court held that appointment is to meet immediate financial stringency and cannot be claimed at sweet will after a long lapse of time.

What did the court decide?

The Letters Patent Appeal is dismissed; the claim for compassionate appointment remained unsuccessful.

Md. Intekhab Ahmad Vs The State Of Bihar and… — Pension and Retirement Benefits | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Letters Patent Appeal No.661 of 2014 Arising out of

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Civil Writ Jurisdiction Case No. 16066 of 2012

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=========================================================== Md. Intekhab Ahmad S/o Late Md. Kalimuddin Resident of Mohalla- Maulana Chuk lane, P.O.- Tatarpur, P.S.- Mojahidpur, District- Bhagalpur

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.... .... Appellant Versus 1. The State of Bihar 2. The Principal Secretary, Education Department, Government of Bihar, Old Secretariat, Patna 3. The Director, Mass Education, Government of Bihar, Patna 4. The District Magistrate, Banka

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The District Education Officer, Banka

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Shanaj Begum, Wife of Late Md. Kalimuddin resident of Mohalla- Maulana Chuck Lane, P.O.- Tatarpur, Police Station- Mojahidpur, District- Bhagalpur

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.... .... Respondents

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=========================================================== Appearance: For the Appellant/s : Mr. Chakrapani, Advocate. Mr. Madhuresh Singh, Advocate. For the Respondent No. 6 : Mr. Sanjay Kumar Singh, Advocate. For the State : Md. Nasrul Hoda Khan, SC-1. Md. Harun Quereshi, AC to SC-1. =========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and

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HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 19-10-2016

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The present Letters Patent Appeal has been preferred by the appellant for setting aside the order dated 23.10.2013 passed by the learned Single Bench in C.W.J.C. No. 16066 of 2012, whereby the claim of the appellant for appointment on compassionate ground on account of death of his father on 14.11.1994 remained unsuccessful.

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The learned Single Bench has rejected the claim of the appellant on two grounds. Firstly, that the father of the appellant

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Patna High Court LPA No.661 of 2014 dt.19-10-2016

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2/2

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was a retrenched employee and, therefore, the appellant had no right to seek appointment on compassionate ground and, secondly, the claim of the appellant for appointment on compassionate ground is delayed.

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The father of the appellant died on 14.11.1994, whereas the claim of the appointment was firstly raised in the year 2010 i.e. almost 16 years after the death. Appointment on compassionate ground is to meet the immediate financial stringency which the family suffers on account of untimely death. This is not the source of recruitment which can be claimed by the legal heir at his sweet will.

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In view of the long time gap between the date of death and the claim of the appellant, we do not find that such claim can be directed to be considered at this stage and has been rightly not directed by the Learned Single Judge.

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Accordingly, this present Letters Patent Appeal is dismissed.

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(Hemant Gupta, J)

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(Ahsanuddin Amanullah, J)

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Mishra/-

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AFR/NAFR	A.F.R.
CAVDATE	N.A.
UploadingDate	22.10.2016
Transmission Date

Md. Intekhab Ahmad v. The State Of Bihar and Ors.

Case brief

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Md. Intekhab Ahmad v. The State Of Bihar and Ors.

Case brief

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