IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1906 of 2011 In Civil Writ Jurisdiction Case No. 9130 of 2007 With Interlocutory Application No. 8481 of 2011 In Letters Patent Appeal No.1906 of 2011 ====================================================== Sunil Kumar, son of Sheopujan Singh, resident of Village- Jonha, P.S.- Karpi, District- Arwal. Respondent.... .... Appellant/s Versus 1. The State Of Bihar 2. The District Magistrate, Begusarai. 3. The S.D.O. Bakhri, Begusarai Respondents.... .... Respondent/s 4. Anil Kumar, son of late Sheopujan Singh, resident of village- Jonha, P.S. Karpi, District- Arwal ====================================================== Appearance : For the Appellant/s : Mr. Girish Chandra Jha, Advocate. For the Respondent/s : Mr. Parth Sharthi , SC-10 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 09-12-2011 Reg.: Interlocutory Application No. 8481 of 2011 The delay of 131 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory Application stands disposed of. Reg.: L.P.A. No. 1906 of 2011 Feeling aggrieved by the judgment and order dated 6th April 2011 passed by the learned single Judge in above CWJC No. 9130 of 2007, the respondent no.4 has preferred this Appeal under Clause 10 of the Letters Patent. The subject matter of dispute is the compassionate employment of the family member of one Sheopujan Singh, a Government employee who died in harness in 2005. The appellant Patna High Court LPA No.1906 of 2011 (2) dt.09-12-2011 2 / 2 2 and the respondent no.4 are the half brothers and the sons of late Sheopujan Singh. Both have lodged their right to compassionate employment. Learned single Judge has held that the respondent no.4- the writ petitioner, being the eldest son had first right to compassionate employment, whereas the appellant-respondent no.4 claims that the respondent no.4-the writ petitioner has been gainfully employed as Panchayat Sikshak and that the appellant being unemployed, he should be considered for compassionate employment. Be that as it may, we are of the opinion that being the eldest son does not confer a preferential right to compassionate employment upon the writ petitioner. In case of dispute among the family members, one who is best suited for compassionate employment should be offered compassionate employment. We are of the opinion that the ends of justice will be served if the respondent authority considers the case for compassionate employment of the writ petitioner and the appellant. The compassionate employment may be offered to the one who is eligible under the scheme for compassionate employment and the one who is best suited for compassionate employment considering their need and financial position. Subject to the above observation, the Appeal is disposed of. BTiwary/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)