IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1243 of 2011 In Civil Writ Jurisdiction Case No. 6794 of 2008 With Interlocutory Application No. 6066 of 2011 In Letters Patent Appeal No.1243 of 2011 ====================================================== Mohan Mandal son of Late Lakhi Chand Mandal, Resident of Village- Belha, P.S. Phulparas, District-Madubani. .... .... Appellant-Writ Petitioner Versus 1. The State of Bihar. 2. The District Magistrate, Madubani. 3. The Superintendent Engineer, West Koshi Canal Pramandal, Jainagar, District-Madhubani. 4. Executive Engineer, West Koshi Canal Pramandal, Khajauli, District- Madhubani. .... .... Respondents/Respondents ====================================================== Appearance : For the Appellant : Mr. Ajoy Kumar Chakraborty, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2. 06-09-2011 Interlocutory Application No. 6066 of 2011: Delay of 33 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory Application stands disposed of. Patna High Court LPA No.1243 of 2011 (2) dt.06-09-2011 2 / 3 2 Letters Patent Appeal No.1243 of 2011: The appellant, son of Late Lakhi Chand Mandal, has filed this Appeal under Clause 10 of the Letters Patent against the judgment and order dated 20th April 2011 passed by the learned single Judge in above C.W.J.C. No. 6794 of 2008. The aforesaid Late Lakhi Chand Mandal was a government servant. He died while in service. On the death of the said Lakhi Chand Mandal, his widow one Parvati Devi filed claim for compassionate appointment. The present appellant, son of Late Lakhi Chand Mandal from his first wife, also lodged claim for compassionate appointment. As neither of the claims was accepted by the State Government both of them approached this Court. The lady filed C.W.J.C. No. 15705 of 2007 and the present appellant filed C.W.J.C. No. 6794 of 2008. The learned single Judge has accepted the claim of the compassionate appointment made by the widow of the deceased. The appellant’s claim for compassionate appointment has been rejected. Therefore, the present Appeal. It appears from the record that the aforesaid Parvati Devi was married to Late Lakhi Chand Mandal after his first wife, the mother of the appellant, died. The appellant now claims that the said Parvati Devi was not a legally wedded wife of late Lakhi Chand Mandal, her claim for compassionate appointment, therefore, could not have been accepted. We see no substance in the submission made by the learned advocate Mr. Ajoy Kumar Chakraborty. If at all the appellant wants to challenge the legal status of the aforesaid Parvati Devi he may approach the appropriate forum. In a writ petition filed under Article 226 of the Constitution, such a claim cannot be adjudicated. Patna High Court LPA No.1243 of 2011 (2) dt.06-09-2011 3 / 3 3 In our opinion, the learned single Judge has rightly allowed the claim of the compassionate appointment made by the widow of the deceased. We may also note that the appellant and his brothers are young men capable of settling themselves in life. Nevertheless, the learned single Judge has taken care of their interest by allowing 1/3rd of the salary of the aforesaid Parvati Devi to be disbursed to the appellant and his brothers. No case for interference is made out. Appeal is dismissed in limine. Pawan/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)