IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1000 of 2011 In Civil Writ Jurisdiction Case No. 5942 of 2010 ====================================================== 1. Triful Devi, widow of Deo Narayan Yadav and 2. Sunaina Kumari, daughter of Deo Narayan Yadav, resident of Village – Bara, P.O. Ekma, P.S. Supaul, District – Supaul .... .... (Petitioners in writ case) / Appellants Versus 1. The State of Bihar, 2. The Education Commissioner, Patna, 3. The Director, Primary Education, Bihar, Patna, 4. District Superintendent of Education, Supaul, 5. The Headmaster of the Primary Education, Ekma .... .... Respondents ====================================================== Appearance : For the Appellant/s : Mr. Nirmal Kumar Shrivastava, Advocate. For the Respondent/s : Ms. Shail Kumari, SC 15 and Mr. S.K. Ranjan, AC to SC 15. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 15-07-2011 Learned Advocate Mr. Nirmal Kumar Shrivastava appearing for the appellants is consistently absent. This appeal preferred under Clause 10 of the Letters Patent arises from the judgment and order dated 3rd May 2011 passed by the learned single Judge in above CWJC No. 5942 of 2010. The appellants – writ petitioners are the wife and the daughter of one Deo Narayan Yadav. The said Deo Narayan Yadav was a teacher in the Primary School at Supaul. He served as Patna High Court LPA No.1000 of 2011 (3) dt.15-07-2011 2 / 2 2 such from 27th August 1978 till April, 1987. Since the month of May, 1987 the said Deo Narayan Yadav left the house without trace. The appellants, therefore, claimed compassionate employment to the appellant no. 2, the daughter of the missing employee on the basis of the judgment of this Court in the matter of Md. Noor Alam & Ors. Vs. The State of Bihar [2007(4) PLJR 200]. The claim was rejected by the District Compassionate Appointment Committee on 30th July 2008. The appellants filed above CWJC No. 5942 of 2010 and claimed compassionate appointment to the appellant no. 2, the daughter of the missing employee. The claim has been rejected by the learned single Judge. Therefore, the present appeal. We see no substance in the claim made by the appellants. As admitted by the appellants, for three years preceding his disappearance in May, 1987 the said Deo Narayan Yadav did not report for duty. Besides, the claim for compassionate employment made 24 years after the disappearance of the employee is not justiceable. The learned single Judge has rightly dismissed the writ petition. No case for interference is made out. The appeal is dismissed in limine. Dilip. (R.M. Doshit, CJ) (Birendra Prasad Verma, J)