IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1312 of 2011 In Civil Writ Jurisdiction Case No. 3088 of 2008 With Interlocutory Application No. 6461 of 2011 In Letters Patent Appeal No.1312 of 2011. ====================================================== Nitesh Kumar Mishra, son of late Om Prakash Mishra, resident of Village – Sardha, P.S. Muffasil, District – Saran at Chapra .... .... Petitioner / Appellant Versus 1. The State of Bihar through the Director – in – Chief, Health Service, Govt. of Bihar, Patna 2. The Director – in – Chief, Health Services, Govt. of Bihar, Patna 3. The Deputy Director, Health Services, Govt. of Bihar, Patna 4. The Director, T.B. Administration and Training Centre, Agamkuan, Patna 5. The District Magistrate, Patna .... .... Respondents / Respondents. ====================================================== Appearance : For the Appellant/s : Mr. Binod Murari Mishra, Advocate. For the Respondent/s : Dr. Anil Kumar Upadhyay, SC 20. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 19-09-2011 Re. Interlocutory Application No. 6461 of 2011. The delay of 91 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory Application stands disposed of. Re. Letters Patent Appeal No. 1312 of 2011. Feeling aggrieved by the judgment and order dated Patna High Court LPA No.1312 of 2011 (2) dt.19-09-2011 2 / 2 2 19th April 2011 made by the learned single Judge in above CWJC No. 3088 of 2008, the writ petitioner has preferred the present Appeal under Clause 10 of the Letters Patent. The appellant claims compassionate employment on the premise that his father late Om Prakash Mishra passed away on 21.02.1992 in harness. The petitioner, then a minor aged about five years, on attaining the age of majority applied for compassionate employment. The said application has been rejected by the respondents as time barred. The challenge to the rejection of the application for compassionate employment before the learned single Judge has failed. Therefore, the present Appeal. We agree with the learned single Judge. There cannot be compassionate employment 20 years after the death of the government servant concerned. Admittedly, the appellant being the minor did not apply for compassionate employment within the specified period. No case for interference is made out. Appeal is dismissed in limine. Dilip. (R.M. Doshit, CJ) (Birendra Prasad Verma, J)