IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.958 of 2011 In Civil Writ Jurisdiction Case No. 2454 of 2007 ====================================================== Md.Nizamuddin Son of Late Md. Soleman, resident of village- Khalilpur, P.o. Phulwari Sharif, P.S.- phulwari Sharif, District-Patna. .... .... Petitioner/Appellant Versus 1. The State Of Bihar through the Commissioner-cum-Secretary, Department of Energy, Bihar, Patna. 2. The Engineer-In-Chief, Department of Bihar, Patna. 3. The Chief Engineer, Department of Energy, Patna Division, Patna. 4. The Superintending Engineer, Patna Electrical Circle, Patna. 5. The Executive Engineer, Electrical, Electrical Works Division, Patna. 6. The Assistant Engineer, Electrical Sub-Division, Patna. 7. The District Collector-cum- President District Level Compassionate Committee, Patna. .... .... Respondents/Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Dhananjay Kumar, Advocate For the Respondent/s : Mr. Prashant Kumar, A.C. to G.P. 1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4 14-07-2011 This Appeal under Clause 10 of the Letters Patent is preferred by the writ petitioner against the judgment and order dated 31st March 2011 passed by the learned single Judge in above C.W.J.C. No. 2454 of 2007. Patna High Court LPA No.958 of 2011 (5) dt.14-07-2011 2 The appellant is the son of one Md. Suleman, who worked in the Office of the Electrical Executive Engineer, Electric Works Division, Patna, as permanent labour. The said Md. Suleman died on 23rd December 1998 in harness. Since his death, his widow Most. Mobina Khatoon, then 55 years of age, applied for compassionate appointment to her son Md. Nizamuddin, then 18 years of age, the appellant herein. The appellant was then educated upto 7th Standard. The District Compassionate Committee while considering the cases for compassionate appointment, in its meeting held on 15th November 2000, rejected the claim of the appellant as he was not qualified for appointment to Class-IV post. Necessary qualification was passing of 8th Standard examination. Feeling aggrieved, the appellant filed above C.W.J.C. No. 2454 of 2007, According to the appellant by the time his case was considered for compassionate appointment, he had obtained qualification of 8th Standard. He was, therefore, eligible for such appointment. The learned single Judge has dismissed the writ petition. Therefore, the present appeal. We are of the opinion that if the appellant had improved his qualification, it was his duty to inform the concerned authority about the improvement of his qualification. In absence of any Patna High Court LPA No.958 of 2011 (5) dt.14-07-2011 3 knowledge attributable to the authorities, the decision of the authorities cannot be vitiated. Besides, it is now 13 years since the death of the aforesaid Md. Soleman. The question of compassionate appointment of the appellant on account of the sudden death of his father does not arise. The crisis would not survive for 13 years. For the aforesaid reason, the appeal is dismissed in limine. B Tiwary/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)