Dismissed¶28

Niraj Kumar Upadhyay v. The Registrar General

Patna HC17 Feb 2025L.P.A/1209/2023

Case brief

AI extract

What is this about?

Compassionate appointment claim rejected as back door appointment and extinguished by delay; deceased father was Driver in Patna High Court; mother's representations rejected thrice (first in 2014); non-speaking rejection orders except 2019; elder brother already a High Court employee; learned Single Judge's judgment dated 12.07.2023 in CWJC No. 13673 of 2019 upheld by dismissal of L.P.A No.1209 of 2023 on 17-02-2025 by Patna High Court (Ashutosh Kumar, ACJ and Partha Sarthy, J).

What did the court decide?

Since one of the brothers of the appellant is also employed in Patna High Court, the appellant's claim to be appointed on compassionate ground is, at best, a back door appointment and is untenable. ¶25

Niraj Kumar Upadhyay Vs The Registrar General — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1209 of 2023 In

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Civil Writ Jurisdiction Case No.13673 of 2019

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======================================================

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Niraj Kumar Upadhyay, Son of Late Birendra upadhyay, Resident of villageReva Basantpur Patti, P.S.- Saraiya, District- Muzaffarpur presently at Kanti Neketan, Bhelwara, Ram Sabri Mala Mandir, Bhelaura, Patna- 844453.

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... ... Appellant/s

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Versus

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The Registrar General, Honble High Court of Judicature at Patna.

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The Registrar Establishment, Hon'ble High Court of Judicature at Patna.

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr.Mohammad Abu Shajar, Advocate For the Respondent/s : Mr.Satyabir Bharti, Advocate ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE)

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Date : 17-02-2025

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The appellant has questioned the judgment

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dated 12.07.2023 passed in CWJC No. 13673 of 2019, whereby the claim of the appellant for being considered

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for compassionate appointment has been rejected.

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It appears from the records that the father of

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the appellant was a Driver employed in Patna High Court

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who died in harness. The elder brother of the appellant is

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also an employee of the Patna High Court. The mother of

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the appellant kept on representing for appointment of the

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Patna High Court L.P.A No.1209 of 2023 dt.17-02-2025 2/3

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appellant on compassionate ground, which was rejected thrice; the first time in the year 2014.

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The contention of the appellant is that except

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for one order of rejection of the plea of appointment on compassionate ground in the year 2019, all other orders were non-speaking.

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The learned Single Judge, finding that the petition was absolutely belated and against the principle behind granting compassionate appointment to family members of the deceased employees, viz., to provide them immediate succour, rejected the claim of the appellant.

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The fact that one of the brothers of the appellant also is employed in Patna High Court further convinces us that the claim of the appellant to be appointed on compassionate ground, which is at best a back door appointment, is untenable. The delay has further caused extinguishment of the claim of the appellant.

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Patna High Court L.P.A No.1209 of 2023 dt.17-02-2025 3/3

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