IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.845 of 2008 Manoj Kumar Pandey, son of Late Brahamdeo Pandey, resident of Mohalla- Ramana Road, Police Station- Civil Line, District-Gaya. ….petitioner-Appellant Versus 1. The State of Bihar 2. Secretary-cum-President,Selection Committee,Bihar State Electricity Board, Bihar, Patna 3.Personnel Director-cum-member, Selection Committee, Bihar State Electricity Board, Bihar, Patna 4.Deputy Accounts Director (Head Quarter)-cum-member, Selection Committee, Bihar State Electricity Board, Patna 5. Joint Secretary-cum-Member Secretary, Selection Committee, Bihar State Electricity Board, Bihar, Patna. 6. Managing Director-cum-Chief Engineer, Magadh Electricity Supply, Gaya. 7. Superintending Engineer, Electrical Electric Ciefle Gaya (East), Gaya. 8. Executive Engineer, Electrical, Electric Supply Division, Gaya (Urban), Gaya. …Respondents- Respondents ----------- For the appellant : Mrs. M. Chatterjee, Advocate Mr. Sunil Kumar Yadav, Advocate For the respondents : None ------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------ Dated, the 7th November 2008 We heard the counsel for the appellant. - 2 - 2. The Single Judge considered the matter thus: “The petitioner seeks a direction upon the respondent authorities of the Board to appoint the petitioner on compassionate ground after setting aside the decision dated 19.12.2001. The case lies in a narrow compass. The petitioner’s father, namely, late Brahamdeo Pandey who was an employee of the Bihar State Electricity Board died while he was still in service on 2.3.2000. The petitioner applied for appointment on compassionate ground annexing all the certificates . However, it was found that the date of birth of the petitioner is 8.1.1965 and therefore on the date of death of his father he was aged about 35 years one month and 24 days. Under the standing orders of the Board, the compassionate appointment is granted to a person who has not crossed the age of 35 years. According to the case of the respondent Board, there is no provision for relaxation of the said maximum age. Learned counsel for the petitioner seeks to rely upon the decision of the State Government without specifying the details of the circular or notification under which it is contended that there is provision for relaxation of the maximum age in such matter by two years. Learned counsel for the Electricity Board contends that no such circular of the State Government can be applicable in the Bihar State Electricity Board which is an autonomous organization governed by its own standing orders framed under statutory power and under the provisions of the erstwhile Electricity supply Act,1948 the only power granted to the State Government was under Section 78 A of the Act to issue directions to the Board pertaining to certain policy matters. It is submitted that nothing has been brought on the record to show that any such direction was ever issued to the Board for providing such relaxation of maximum age in the matter of compassionate appointment or that the same has been accepted by the Board.” 3. We find ourselves in agreement with the view of the - 3 - Single Judge. 4. Letters Patent Appeal does not deserve to be admitted. It is dismissed in limine. R.M. Lodha, CJ Kishore K. Mandal, J. Sunil