IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1598 of 2011 In Civil Writ Jurisdiction Case No. 4770 of 2009 ====================================================== Raj Kumar Sinha, Aged About 33 Years, S/o Late Bihari Saran, R/O Ward No. 12, Pipra Bazar, P.S. - Pipra, Distt. Supaul at presented posted on the post of Peon and working as Assistant Data Operator in the office of Executive Engineer (Mechanical) Workshop Mechanic Division , Road Construction Department , Khagaria. .... .... Petitioner/Appellant Versus 1. The State of Bihar through Secretary, Road Construction Department, Bihar, Patna 2. Chief Secretary Government of Bihar , Main Secretariat, Patna 3. Engineer-In-Chief Cum Special Secretary, Road Construction Department, Bihar, Patna 4. District Compassionate Appointment Committee, Patna through its Chairman -Cum District Magistrate, Patna 5. Chief Engineer, (Machanical) Mechanical Wing (Upbhag), Road Construction Department., Government of Bihar , Patna 6. Superintending Engineer (Mechanical) National Highway, Mechanical Circle, Patna. .... .... Respondents/Respondents ====================================================== Appearance : For the Appellant/s : Mr. Praveen Kumar, Advocate. For the Respondent/s : Mr. P.K. Verma AAG 5 Mr. Prabhat Kumar Sharan, A.C. to AAG 5. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4 15-11-2011 Feeling aggrieved by the judgment and order dated 26th July 2011 passed by the learned single Judge in above CWJC No. 4770 of 2009, the writ petitioner has preferred the present Patna High Court LPA No.1598 of 2011 (4) dt.15-11-2011 2 / 2 2 Appeal under Clause 10 of the Letters Patent. After the death of his father, a Government servant, in harness, the appellant has been offered compassionate employment in Class IV service. Feeling aggrieved the appellant filed above writ petition under Article 226 of the Constitution to claim compassionate employment in Class III service as a matter of course. The learned single Judge has considered the averments made in the writ petition and the judgments of the Hon’ble Supreme Court and has rejected the writ petition. The learned single Judge has held that once compassionate employment is accepted, there cannot be another compassionate appointment. Learned Advocate Mr. Praveen Kumar has appeared for the appellant. He has submitted that the appellant is qualified for appointment in Class III service. Several other similarly situated persons have been appointed as teachers in Class III service. Nevertheless, the appellant is discriminated. We agree with the learned single Judge. No case for interference is made out. Appeal is dismissed in limine. Sujit /- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)