IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2469 of 2009 MOST.MAROON KHATOON Versus THE STATE OF BIHAR & ORS ----------- 2 24/2/2009 Heard counsel for the parties. The grievance of the petitioner has caveat. First of all this Court will have to hold that husband of the petitioner whose service is sought to be regularized was sleeping over his right in his life time and yet his wife has a right to pursue that stale claim of regularization. The concept of regularization of service cannot definitely cannot be enforced for a person who is dead and is no longer in service. It is not in doubt that the husband of the petitioner had died in the year 1999 where as his juniors are said to have been regularized in 1992. Thus such stale claim and case of regularization for the purpose of ensuring compassionate appointment to the dependant-petitioner is rather a far fetched claim and not sustainable either on fact or in law. At this stage, Mr. Choudhary learned counsel for the petitioner submits that even if regularization of service of 2 husband of the petitioner may not be useful for claiming compassionate appointment of the petitioner, the wife of the deceased employee, she will still be entitled for certain additional payment of wages if such order of regularization is made. In the opinion of this Court such right with regard to regularization of husband of the petitioner accrued in the year 1992, who had died after seven years some time in the year 1999 can not be allowed to be revived at the instance of the petitioner as her husband did not choose to pursue his remedy. That being so, this Court is not inclined to direct the concerned authority to consider the claim for regularization of the husband after seventeen years of cause of action and ten years of the death of her husband. That being so, this application being wholly misconceived is hereby dismissed. (Mihir Kumar Jha, J.) Abhay Kumar