IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1064 of 2011 In Civil Writ Jurisdiction Case No. 12567 of 2005 With Interlocutory Application No. 4928 of 2011 In Letters Patent Appeal No.1064 of 2011 ====================================================== Sikandar Kumar Singh, S/o Late Ram Das Singh, R/o Village-Machhagora, P.S. Bariarpur, District- Saran, Chapra. .... .... Petitioner/Appellant Versus 1. The Indian Overseas Bank through its General Manager, Central Office, Chainnai. 2. The Manager, Indian Overseas Bank, Raxaul, District-Motihari. .... .... Respondents/Respondents ====================================================== Appearance : For the Appellant : Mr. Satyendra Kumar Singh, Advocate with Mr. Harishankar Roy, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2. 25-07-2011 Interlocutory Application No. 4928 of 2011: The delay of 46 days occurred in filing the Letters Patent Appeal is condoned. Letters Patent Appeal No.1064 of 2011: This Appeal under Clause 10 of the Letters Patent is preferred by the writ petitioner against the judgment and order Patna High Court LPA No.1064 of 2011 (2) dt.25-07-2011 2 / 3 2 dated 28th March 2011 passed by the learned single Judge in the above C.W.J.C. No. 12567 of 2005. The appellant is the son of one Ram Das Singh, a Guard in the respondent Indian Overseas Bank. The said Ram Das Singh died on 4th January 2001 while in service. On his death the appellant applied for compassionate appointment in the Bank. His claim was rejected on the ground that the family of the deceased was not suffering for penury according to the standards set by the Bank. The challenge to the denial of compassionate appointment before the learned single Judge has failed. In the counter affidavit filed by the Bank, the Bank has referred to the terms and conditions contained in the scheme for compassionate appointment. According to the said terms and conditions the family of the deceased Ram Das Singh does not suffer from penury so as to allow compassionate appointment. In that view of the matter, the learned single Judge has rejected the petition. Therefore, the present Appeal. Learned advocate Mr. Hari Shankar Roy has appeared for the appellant. He has submitted that the respondent Bank and the learned single Judge have considered the financial position of the family of the deceased but did not take into consideration the liabilities of the family. The claim for compassionate appointment cannot be as a matter of course. It has to fit in the four corners of the scheme for compassionate appointment. Evidently, the appellant did not fit in the scheme for compassionate appointment made by the respondent Bank. The Bank refused to grant compassionate appointment to the appellant for his claim did not conform with the scheme. Learned single Judge has rightly refused to grant Patna High Court LPA No.1064 of 2011 (2) dt.25-07-2011 3 / 3 3 indulgence. No case for interference is made out. The Appeal and the Interlocutory Application stand disposed of. Pawan Kumar/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)