IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No. 1325 of 2010 IN CIVIL WRIT JURISDICTION CASE NO. 16862 of 2009 WITH INTERLOCUTORY APPLICATION NO.7483 of 2010 WITH INTERLOCUTORY APPLICATION NO.7484 of 2010 IN LETTERS PATENT APPEAL No. 1325 of 2010 ========================================= 1. The Union Of India through the D.G., CRPF, CGO Complex, Block No.1 Lodhi Road, New Delhi 2. The D.I.G. (Recruitment) CRPF, Block No.1, CGO Complex, Lodhi Road, New Delhi 3. The A.D.I.G. Group Centre, CRPF, Khatkhati, Assam … …………. Respondents/Appellants Versus Smt. Madina Begum w/o late Sub Inspector Ajmin Ansari, Mother of 061560075 B/B/ Vakil Ansari, R/O Village Baghini, P.O. Harinathpur, P.S. Mohania, District – Kaimur …….Writ petitioner/Respondent ============================================ APPEARANCE For the Appellants : Mr. Rashid Izhar, Advocate Respondent : Served =================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4 28/10/2010 I.A. No.7483 of 2010 Though served, the respondent has not entered appearance. This application under section 5 of the Limitation Act is filed by the appellant Union of India and others for condonation of delay of 147 days occurred in filing the Letters Patent Appeal. 2 On the facts and in the circumstances of the case, the delay is condoned. Interlocutory Application stands disposed of. LPA. No.1325 of 2010 This Appeal preferred under Clause 10 of the Letters Patent arises from the judgment and order dated 1st February 2010 passed by the learned Single Judge in above CWJC. No.16862 of 2009. The respondent – writ petitioner is the mother of one Vakil Ansari, a barber employed in the Central Reserve Police Force under the appellant no.3, Additional Deputy Inspector General, CRPF, Khatkhati, Assam. It appears that in the year 2006, on the death of one Ajmin Ansari while in service, the above named Vakil Ansari, the son of the deceased, was appointed as a barber on compassionate ground. The respondent, the mother of the said Vakil Ansari approached the appellant no.3 to appoint the said Vakil Ansari as a Peon in Class – IV service instead as barber. Relying upon the Circular dated 6th June 2001 issued by the Director General, CRPF, by order dated 7th January 2010 the request made by the respondent was turned down. Feeling aggrieved, she approached this court under Article 226 of the Constitution in above CWJC. No.16862 of 2009. The learned Single Judge was pleased to allow the petition and to set aside the order dated 7th January 2010 and to direct the respondents – appellants to consider the case of the aforesaid Vakil Ansari for appointment as Peon on compassionate 3 ground. Feeling aggrieved, the Union of India and others have preferred this Appeal. The Appeal deserves to be allowed on the ground of maintainability alone. The petition by the respondent, the mother of the employee, was not maintainable. Her son Vakil Ansari, who was offered compassionate appointment, has not approached any authority for change of posting or cadre. The right to posting is a right in personum. The respondent, the mother of the employee had no locus standi to ask for change of cadre/posting. Such a claim could not have been entertained either by the authority below or by the learned Single Judge. For the aforesaid reason, we allow this Appeal. The impugned order dated 1st February 2010 is set aside. CWJC. No.16862 of 2009 is dismissed. Interlocutory Application no.7484 of 2010 stands disposed of. Neyaz/ ( R. M. Doshit,CJ.) (Jyoti Saran, J.)