IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.1212 of 2010 IN CIVIL WRIT JURISDICTION CASE NO. 1803 of 2010 WITH INTERLOCUTORY APPLICATION No. 6767 of 2010 IN LETTERS PATENT APPEAL No.1212 of 2010 ==================================================== Md.Munna S/O Late Muslim R/O Moh Adalatganj, P.O.-G.P.O., P.S.Kotwali, Distt-Patna. …. …. Petitioner-Appellant Versus 1. The Patna Municipal Corporation, Patna through the Municipal Commissioner Maurya Lok, Dakbunglow Road, Patna 2. The Municipal Commissioner, the Patna Municipal Corporation Patna, Maurya Lok , Dakbunglow Road, Patna 3. The Executive Officer, Bankipur Anchal, Patna Municipal Corporation Patna 4. Md. Nabila Khatoon W/O Late Muslim R/O Moh Adalatganj, P.O.-G.P.O., P.S.Kotwali, Distt-Patna. 5. Md. Raushan Khatoon W/O Late Muslim R/O Moh Adalatganj, P.O.- G.P.O., P.S.Kotwali, Distt-Patna 6. Nausaba Khatoon D/O Late Muslim R/O Moh Adalatganj, P.O.-G.P.O., P.S.Kotwali, Distt-Patna. …. …. Respondents-Respondents ==================================================== Appearance : For the Appellant : Mr. S.B.K.Mangalam, Advocate For the Respondent: Mr. Bishwa Bibhuti Kr.Singh, Advocate ==================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2. 18.8.2010. Interlocutory Application No. 6767 of 2010:- This application under Section 5 of the Limitation Act has been filed by the appellant for condonation of delay of 112 days occurred in filing the Letters Patent Appeal. On the facts and in the circumstances of the - 2 - case, the delay in filing the Letters Patent Appeal is condoned. The Interlocutory Application stands disposed of. Letters Patent Appeal No.1212 of 2010:- This appeal preferred under Clause 10 of the Letters Patent arises from the order dated 8th March 2010 made by the learned single Judge in the above C.W.J.C. No. 1803 of 2010. The Appellant-writ petitioner is the son of one Md. Muslim, a former employee of the respondent Patna Municipal Corporation. The said Md. Muslim passed away on 28th June 2006 in harness. Pursuant to his death the appellant applied for compassionate employment. His claim for compassionate employment has been rejected on the sole ground that there are other claimants, one Raushan Khatoon, one of the widows of the deceased and one Nausaba Khatoon, a daughter of the deceased. In view of the multiple claims made by the members of the family, the learned single Judge has dismissed the writ petition. Therefore, the present appeal. On the facts and in the circumstances, we are of the opinion that the ends of justice would be met if the respondent Corporation considers the pending applications for compassionate employment on individual merits. If any one of the applicants is found eligible for compassionate employment under the existing provisions, he or she may be offered employment. If they are not found eligible for compassionate employment, the officials of the - 3 - Corporation will make speaking order. The order of the learned single Judge stands modified to the above extent. The Letters Patent Appeal stands disposed of. Pawan/- (R.M. Doshit, CJ) (Jyoti Saran, J)