IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1587 of 2011 In Civil Writ Jurisdiction Case No. 5545 of 2008 With Interlocutory Application No. 7428 of 2011 In Letters Patent Appeal No.1587 of 2011 ====================================================== Yogendra Ram S/o Late Ramashish Ram R/o Vill. Jhunapur, P.O. Bindushar Bujurg, P.S. Mahadeva OP, Dist. Siwan .... .... Petitioner-Appellant Versus 1. The State of Bihar. 2. The District Collector, Siwan. 3. The Superintendent of Police, Siwan. 4. District Compassionate Committee, Siwan. .... .... Respondents-Respondents ====================================================== Appearance : For the Appellant : Mr. Manan Kumar Mishra, Sr. Advocate Mr. Sanjay Kumar Pandey, Advocate For the Respondent State: Mr. Sanjay Kumar No.1, S.C.-12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3. 16-11-2011 Interlocutory Application No. 7428 of 2011: The delay of 59 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory Application stands disposed of. Letters Patent Appeal No.1587 of 2011: Feeling aggrieved by the judgment and order dated 21st April 2011 passed by the learned single Judge in above Patna High Court LPA No.1587 of 2011 (3) dt.16-11-2011 2 / 3 2 C.W.J.C. No. 5545 of 2008, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent. The appellant, Yogendra Ram, is the son of one Ramashish Ram. The said Ramashish Ram was serving as a Chowkidar under the respondents. While in service he appears to have abandoned the service and has disappeared since December 1996. According to the appellant, since December 1996 till the date the said Ramashish Ram has not been heard of. In view of the disappearance of the said Ramashish Ram, his wife, the mother of the appellant applied for compassionate employment in January 1997. That representation was not considered. The appellant, therefore, filed above C.W.J.C. No. 5545 of 2008 to claim compassionate employment. The learned single Judge has rejected the writ petition for the appellant as well as his younger brother were engaged as Chowkidar. The appellant was, therefore, not entitled to compassionate employment. Therefore, the present Appeal. Although the appellant seeks compassionate employment, in spite of the time granted to the learned advocate, the scheme for compassionate appointment applicable in the case of the appellant is not produced on record. In our order dated 15th September 2011 made in Letters Patent Appeal No. 1231 of 2011 (Abhijit Kumar Thakur v. The State of Bihar & Ors.) we have considered the scheme for compassionate employment prevalent in the State of Bihar. We have held, “The aforesaid Circular stipulates that in case of disappearance of the Government servant one need not wait for seven years, i.e. the statutory period of seven years to presume a missing person to be dead, to apply for compassionate employment. It further says that in case of disappearance of a Government servant an application for compassionate employment can be made two years after the date of disappearance provided an F.I.R. for missing Patna High Court LPA No.1587 of 2011 (3) dt.16-11-2011 3 / 3 3 person has been lodged and the person is not heard of. It is specifically mentioned that in case of compassionate employment statutory presumption under Section 108 of the Evidence Act will not apply. In other words, the ward or the dependent of such missing person can apply for compassionate employment after two years from the date of disappearance. Necessarily such application has to be made within the time specified under the relevant scheme.” In the present case though it is averred that the mother of the appellant had applied for compassionate employment in January 1997, the averment is not supported by any material. The pre-requisite for compassionate employment are not complied with i.e. no First Information Report for missing person is on the record nor such First Information Report is alleged to have been lodged. Obviously, the application for compassionate employment was not made within specified time after expiry of two years from the date the aforesaid Ramashish Ram went missing. In absence of compliance with the required conditions the appellant is not entitled to compassionate employment. For the aforesaid reasons, the Appeal is dismissed in limine. Pawan/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)