IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.927 of 2011 In C.W.J.C. No. 16039 of 2007 ====================================================== 1. Kiran Jha, W/o Late Dev Narayan Jha of village Sonbersa, P.S.-Bihpur, District-Bhagalpur. 2. Vandana Kumari, D/o Late Dev Narayan Jha of village Sonbersa, P.S.- Bihpur, District-Bhagalpur. .... .... Appellant/s Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The D.G.-cum- I.G. of Police, Bihar, Patna. 3. The D.M., Purnia. 4. The D.I.G. of Police, Purnia Range, Purnia. 5. The S.P.,Purnia. .... .... Respondent/s ====================================================== Appearance: For the Respondent/s : Mr. Dhurendra Kumar, AC to SC 16. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2. 21-06-2011 This Appeal under Clause 10 of the Letters Patent is preferred by the writ petitioners against the judgment and order dated 13th April 2011 passed by the learned single Judge in above CWJC No. 16039 of 2007. The dispute arose from refusal by the respondents to offer compassionate employment to either of the appellants, the wife and the daughter of the deceased Assistant Sub Inspector one Dev Narayan Jha. It is not in dispute that aforesaid Dev Narayan Jha was an Assistant Sub Inspector employed under the Superintendent of Police, Purnia. The said Dev Narayan Jha died in harness on 15th Patna High Court LPA No.927 of 2011 (2) dt.21-06-2011 2 March 1993. On 5th May 1995, the application for compassionate employment made by the appellant no. 1 the wife of the deceased, was rejected. Her application for compassionate employment to the appellant no. 2, the daughter of the deceased, also came to be rejected. Feeling aggrieved the appellants filed the above CWJC No. 16039 of 2007. The petition was contested by the respondents. It is submitted that Late Dev Narayan Jha had married the appellant no. 1 during subsistence of his first marriage. Thus, the appellant no. 1 cannot be said to be a legally wedded wife of Late Dev Narayan Jha. Further the appellant no. 2; the daughter of the appellant no. 1 and Late Dev Narayan Jha was already married. She, under the relevant scheme, was not entitled to compassionate employment. In above view of the matter, the learned single Judge has rejected the writ petition. Therefore, the present Appeal. The claim for compassionate employment made by the appellants is totally misconceived. The learned single Judge has rightly dismissed the writ petition. No case for interference is made out. Besides, it is now more than 15 years since the death of Late Dev Narayan Jha. The question of compassionate employment, therefore, shall not arise. For the aforesaid reasons, the Appeal is dismissed in limine. Sujit/- (R.M.Doshit, CJ) (Birendra Prasad Verma, J)