Letters Patent Appeal challenging dismissal of a writ petition wherein the appellant, daughter-in-law of deceased judicial employee, lacked locus standi and was not a legal heir to claim state compensation. Appeal dismissed.
LPA dismissed; liberty reserved for legal heirs to invoke appropriate remedies.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1309 of 2019 In
Civil Writ Jurisdiction Case No.8710 of 2016
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Smt. Sangeeta Sinha W/o Sri Arbind Kumar Resident of Village - Dariyapur, P.S. - Naubatpur, District - Patna.
... ... Appellant/s
Versus
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Ravindra Kumar, Advocate : Ms. Shubhangi Pandey, Advocate For the Respondent/s : Mr. Suryadeo Yadav (AAG-9)
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
6 20-02-2024 The present LPA is filed in assailing the order dated
20.05.2019 passed in CWJC No. 8710 of 2016. Appellant- Smt. Sangeeta Sinha stated to be daughter-in-law of deceased judicial employee. Appellant preferred CWJC No. 8710 of 2016 in claiming certain compensation. Writ petition itself is not maintainable in view of the fact that she doesn’t have locus standi . That apart she is not one of the legal heir. No reasons
Patna High Court L.P.A No.1309 of 2019(6) dt.20-02-2024 2/2
have been assigned as to why her husband- Sri Arbind Kumar who is son of the deceased employee has not invoked the remedy of filing writ petition in seeking compensation with reference to any policy decision of the State Government or the court’s policy in respect of judicial employee who died while he was in service is entitled to compensation and eligibility criteria and who are entitled to claim has not been made known to this Court. Taking note of these facts and circumstances, appellant has not made out a case so as to interfere with the order dated 20.05.2019 passed in CWJC No. 8710 of 2016.
(P. B. Bajanthri, J)
( Alok Kumar Pandey, J)
jyoti/-
U
2 issues framed by the court
Whether the appellant, as daughter-in-law of deceased judicial employee without standing or as a legal heir, is entitled to seek compensation for the death of the employee in service.
Whether the High Court should interfere with the writ petition being dismissed for lack of maintainability due to non-locus standi and lack of legal heir status.
Smt. Sangeeta Sinha
The State of Bihar and Others
P. B. Bajanthri
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
