IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.361 of 2008 1. THE STATE OF BIHAR 2. The Director (Secondary Education) Bihar, Patna. 3. The District Magistrate Saran, at Chapra. …………………..Respondent/Appellants. Versus AFZAL IMAM Son of Late Mumtaz Hussain, Resident of Mohalla- Dahiyawan Police Station Chapra Sadar, District- Saran at Chapra. …………………….Petitioner/ Respondent. ----------- For the Appellants: Mr. S.K. Mandal, S.C.24 & Mr. Bipin Kumar Advocate, A.C. to S.C.24. For the Sole Respondent: Mr. Gyan Prakash & Mr. Shravan Kumar, Adv. ……………. 6 20.6.2011 The present L.P.A. has been filed against the order dated 25.5.2007 passed in C.W.J.C. No.8156 of 2000, whereby the learned Single Judge has allowed the writ application by setting aside the order of termination of the petitioner dated 6.7.2000 passed by the Director, Secondary Education, Bihar Patna. Claim of the writ petitioner, respondent herein is that he has been appointed on compassionate ground on the death of his father who died in harness. Learned counsel for the respondents, appellants herein has submitted that the appointment of the writ petitioner, respondent herein is illegal. On a perusal of judgment of the learned Single Judge it appears that similar matters have been allowed by this Court in C.W.J.C. No.6410 of 2000 and C.W.J.C. No.7720 of 2000 and that judgment have been carried in appeals before the Apex Court and such appeals filed by the State was also dismissed by the Apex Court. In our opinion, in view of the above findings, the order 2 passed by the learned Single Judge needs no interference. Accordingly, this L.P.A. is dismissed. However, there will be no order as to cost. Abhay Kumar ( T. Meena Kumari, J.) (Akhilesh Chandra, J.)