IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1320 of 2010 In (CIVIL WRIT JURISDICTION CASE No. 15606/2006) Bodh Narayan Prasad S/O Late Ram Pravesh Ram, Resident of Village and P.O.- Tiskhora, P.S.- Naubatpur, District- Patna (Bihar) -----------------Appellant/Petitioner Versus 1. The State of Bihar. 2. The Chief Secretary, Bihar, Patna. 3. The Principal Secretary Human Resources Department, Bihar, Patna. 4. The Director, Mass Education, Bihar, Patna. 5. The District Mass Education Officer, Patna. ----------------Respondents --------------------------- 2. 10.08.2011 The present Letters Patent Appeal has been filed against the order dated 1.7.2010 passed in C.W.J.C. No. 15606 of 2006 (Bodh Narayan Prasad Vs. The State of Bihar). The writ petition has been filed for a direction upon the respondents to appoint the petitioner on compassionate ground on the plea that his father has become entitled to reinstatement in Government job pursuant to an order passed by this Court even though being subsequent to the date on which such employee was no more. The father of the writ petitioner was an employee working on the post of typist under the scheme of Mass Education which stood terminated in the year 2001 and as a result of the same all the employees had been retrenched. The association of the employees of the 2 said scheme moved this Court in C.W.J.C. No. 13737 of 2003 which was disposed off on 28.03.2005 by a learned Single Judge of this Court with a direction for reinstatement and payment of 100% back wages. The said decision was challenged in appeal and by order dated 30.3.2006 in L.P.A. No. 116 of 2006, the said order of the learned Single Judge was modified to the extent that only 40% of the back wages would be payable. The father of the petitioner though covered under the said direction of this Court dated 28.3.2005, had already died on 8.9.2003. The contention of the writ petitioner was that in view of the subsequent order of this Court his father automatically became a Government servant and the scheme of compassionate appointment was also to be made applicable in this case. Learned Single Judge has dismissed the writ petition on the ground that the scheme of compassionate appointment does not contemplate consideration of cases on assumptions and presumptions and admittedly the father of the petitioner was no more much prior to the date of passing of the order by this Court, his plea for compassionate appointment was not tenable and thus the writ petition came to be dismissed. Being aggrieved by the same the present appeal has been filed. After going through the pleadings as well as 3 the reasons mentioned in the order under appeal, we find no infirmity in the same. Accordingly the Letters Patent Appeal stands dismissed. Anand Kr. (S. K. Katriar, J.) (Ahsanuddin Amanullah, J.)