Appeal against rejection of a claim for compassionate appointment following the death of the appellant's adoptive mother in harness in 2006. The court found no merit, noting the family had tided over financial difficulties over the years, and dismissed the appeal affirming the Single Judge.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.275 of 2023 In
Civil Writ Jurisdiction Case No.3080 of 2021
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Jitendra Prasad S/o Late Kameshwar Prasad Sinha, Adopted Son of Late Kaushalaya Devi, W/o Late Gopal Lal, Resident of Village- Madan Bigha, P.O.-Meera Bigha, P.s.-Chandauti, District-gaya.
... ... Appellant/s
Versus
... ... Respondent/s
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Appearance : For the Appellant/s : Mr. Arvind Kumar Sinha, Advocate For the Respondent/s : Mr. S.D. Yadav, AAG-9 Mr. Braj Bhushan Mishra, AC to AAG-9
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
Re: I.A. No. 1 of 2023
This is an application seeking
condonation of delay of 305 days in preferring this appeal.
Patna High Court L.P.A No.275 of 2023(5) dt.04-03-2025 2/3
Re: L.P.A. No. 275 of 2023
learned Single Judge in CWJC No.3080 of 2021 whereby the request of the appellant for issuance of a direction to the respondents to consider him for appointment on compassionate ground has been rejected.
Patna High Court L.P.A No.275 of 2023(5) dt.04-03-2025 3/3
challenged very belatedly.
relying on several decisions of the Supreme Court with respect to delay and laches in preferring suitable application for compassionate appointment, rejected the writ petition of the appellant, taking into account the fact that the death of the mother of the appellant took place in 2006 and the appellant had been able to tide over the financial difficulties for all these years.
(Ashutosh Kumar, ACJ)
(Partha Sarthy, J)
Bibhash/Rajesh U
1 issue framed by the court
Whether the Division Bench should interfere with the Single Judge's rejection of a belated claim for compassionate appointment made years after the employee's death in harness.
Jitendra Prasad
The State of Bihar through the Principal Secretary, General Administration Department, Bihar, Patna
The Principal Secretary, Health Department, Government of Bihar, Patna
The Director in Chief, Health Services, Bihar, Patna
The District Magistrate Gaya
The Civil Surgeon-cum-Chief Medical Officer Gaya
Ashutosh Kumar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
