Urmila Devi @APPELLANT@Hash State Of Bihar And Anr

The above mentioned Interlocutory Application has been filed with a prayer for condonation of delay of 2 years and 102 days in filing the present

appeal.

Considering the grounds taken in the limitation petition suggesting sufficient reason for not filing the appeal in time by the appellant, the delay of 2

years and 102 days in filing the present appeal is condoned.

Accordingly, Interlocutory Application No. 5259 of 2018 is allowed.

Heard learned counsel for the appellant and the respondents.

The present Letters Patent Appeal has been filed under Clause 10 of the Letters Patent of Patna High Court by the appellant, Urmila Devi, the

daughter-in-law of the actual employee, late Ram Bari, who died in harness while was working as Tonga Chalak in Government Girls Middle School,

Madhubani.

The writ application was preferred by Kapil Deo Ram Bari, the son of the deceased employee, but subsequent to the order passed in the writ

application, he died, as a result the present Appeal has been preferred by his wife Urmila Devi claiming appointment on compassionate ground.

It appears that the learned single Judge has dismissed the claim of the writ petitioner for appointing him on compassionate ground on the ground that

the father of the writ petitioner died in harness on 10.07.1989, but the appointment on compassionate ground has been claimed after 27 years of death

of the employee. It also appears that in the writ application, the basic claim was for appointment on compassionate ground, payment of arrears of

salary of the deceased employee, whereas, in the L.P.A., the claim is of making appointment on compassionate ground to the grand-daughter of the

actual deceased employee along with the prayer for family pension.

Considering the fact that the claim of compassionate appointment has been made after 27 years of the employee’s death, we do not find any

perversity and error in the order of learned single Judge for the simple reason that if the family of the deceased employee managed to survive for 27

years then the purpose of compassionate appointment got frustrated.

Accordingly, the instant appeal stands dismissed. However, we give liberty to the appellant to take recourse to the appropriate remedy for payment of

arrears of salary of the deceased employee or the family pension, in accordance with law.