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2012 DIGILAW 1001 (PAT)

Santosh Kumar v. State of Bihar Through the Principal Secretary, Personnel & Administrative Reforms Department

2012-07-20

AHSANUDDIN AMANULLAH, R.M.DOSHIT

body2012
ORDER : Feeling aggrieved by the order dated 13th September 2011 passed by the learned single Judge in C.W.J.C No. 6297 of 2010, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent. 2. The appellant is son of late Ram Sohawan Sharma. The said Ram Sohawan Sharma was employed as stenographer in the Civil Court, Nalanda at Biharsharif. He died in harness. Pursuant to his death, the appellant had applied for compassionate appointment as the dependent son of the deceased. His claim was rejected by the Appointment Committee. The challenge to the said order has failed before the learned single Judge. Therefore, this appeal. 3. The authority below and the learned single Judge has considered the matter and have come to the conclusion that the appellant was not suffering from penury. He is, therefore, not entitled to compassionate employment. 4. We agree with the learned single Judge. Further it appears that at the time of death of late Ram Sohawan Sharma the appellant was already married having wife and two children. 5. We are not inclined to believe that the appellant, a grown up man, having his family, was still a dependent on his father at the time of the death of his father late Ram Sohawan Sharma. 6. No case for interference is made out. Appeal is dismissed in limine.