IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1165 of 2011 In Civil Writ Jurisdiction Case No. 8751 of 2008 ====================================================== Prabhat Kumar, S/O Late Prof. Raj Narayan Singh, R/O Mohalla- Sri Krishnapuri, Kasipur, Ward No.- 5, P.O., P.S and District- Samastipur, At present posted as 4th Grade Employee, Samastipur college At Samastipur, Distt.- Samastipur .... .... Petitioner/Appellant Versus 1. L.N.Mithila University through Its Vice-Chancellor, Darbhanga 2. Vice-Chancellor, L.N. Mithila University, Darbhanga 3. Registrar, L.N. Mithila University, Darbhanga 4. Principal, Samastipur College, Samastipur .... .... Respondents/Respondents ====================================================== Appearance : For the Appellant/s : Mr. Upendra Prasad, Advocate. For the Respondent/s : Mr. Ajay Bihari Sinha, Advocate. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 13-09-2011 Feeling aggrieved by the judgment and order dated 26th April 2011 passed by the learned single Judge in above CWJC No. 8751 of 2008, the writ petitioner has preferred the present Appeal under Clause 10 of the Letters Patent. The writ petitioner is the son of one Raj Narayan Singh. The said Raj Narayan Singh was employed as a Professor in the Respondent-L.N.Mithila University, Darbhanga. The said Raj Narayan Singh passed away on 21st October 1997 in harness. Consequently, after the death of said Raj Narayan Singh, in 2002 the appellant was offered compassionate appointment in Class-IV service. The said appointment was accepted by the writ petitioner. However, after his appointment the writ petitioner made a Patna High Court LPA No.1165 of 2011 (3) dt.13-09-2011 2 / 2 2 representation before the University to appoint him in Class-III service. The same was not accepted. The petitioner, therefore, filed the above CWJC No. 8751 of 2008. According to the appellant, alongwith the appellant some wards of other employees of the University were also offered compassionate appointment. Eight of such wards were offered employment in Class-III service, whereas though the appellant was qualified, he was offered employment in Class-IV service. The claim has been rejected by the learned single Judge. We agree that once the appellant accepted the compassionate appointment offered to him, the appellant cannot have a legitimate claim for compassionate employment in Class- III service. The learned single Judge has rightly dismissed the writ petition. No case for interference is made out. The Appeal is dismissed in limine. Sujit/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)