IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1716 of 2011 In Civil Writ Jurisdiction Case No. 14045 of 2008 With Interlocutory Application No. 7862 of 2011 In Letters Patent Appeal No. 1716 of 2011 ====================================================== Munna Manjhi, S/o Late Dukhit Manjhi, R/o East Dahiyawa Jagdamba Road, P.S.- Town Chapra, District- Saran .... .... Petitioner/ Appellant Versus 1. The State of Bihar 2. The Principal Secretary, Personnel and Administrative Reforms Department, Bihar, Patna 3. The Secretary, Water Resources Department, Government of Bihar, Patna 4. The Chief Engineer, Water Resources Department, Siwan 5. The Chairman, District Compassionate Appointment Committee, Saran at Chapra 6. The District Magistrate, Saran at Chapra 7. The Deputy Collector, Establishment, Saran at Chapra 8. The Executive Engineer, Saran Canal Anchal, Chapra .... .... Respondents/Respondents ====================================================== Appearance: For the Appellant/s : Mr. Bipin Bihari Singh, Advocate. For the Respondent/s : Mr. Gyan Prakash Ojha, A.C. to G.A. 5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 22-11-2011 Re. Interlocutory Application No. 7862 of 2011: The delay of 159 days occurred in filing the Letters Patent Appeal is condoned. Patna High Court LPA No.1716 of 2011 (3) dt.22-11-2011 2 / 3 2 Interlocutory application stands disposed of. Re. Letters Patent Appeal No. 1716 of 2011: Feeling aggrieved by the judgment and order dated 1st March 2011 passed by the learned single Judge in above CWJC No. 14045 of 2008, the writ petitioner has preferred the present Appeal under Clause 10 of the Letters Patent. The appellant is the adopted son of one Dukhit Manjhi, a Government servant. The said Dukhit Manjhi passed away on 5th July 1988 in harness. The appellant’s claim for compassionate employment was rejected on 8th April 1991 as under the prevailing scheme he was not entitled to compassionate employment. Since then, pursuant to the judgment of this Court, the State Government has, under its Circular dated 12th May 2005, modified the scheme for compassionate employment to extend the benefit of compassionate employment to the adopted children of the deceased Government Servants, who are Hindu and have adopted the children legitimately in accordance with Hindu Adoption and Maintenance Act, 1956. Pursuant to the said Circular the appellant filed above CWJC No. 14045 of 2008 to claim benefit thereof. In view of the passage of time the claim has been rejected. Learned Advocate Mr. Bipin Bihari Singh has appeared for the appellant. He has vehemently argued that the benefit having been extended to the adopted children of the deceased Government Servants, the said benefit should be extended to the appellant also. We have carefully considered the above referred Circular dated 12th May 2005. Indeed, it envisages the amendment of the prevailing scheme to extend the benefit of compassionate Patna High Court LPA No.1716 of 2011 (3) dt.22-11-2011 3 / 3 3 employment to the adopted children of the deceased Government servants provided that the adoption is in accordance with the Hindu Adoption and Maintenance Act, 1956. However, the said communication does not envisage opening up or reconsidering the decided cases. Evidently, the benefit can be extended only to those cases which are under consideration or the claim arises after that date. The appellant’s claim for reconsideration arising from the aforesaid Circular dated 12th May 2005 is misconceived. Besides, as recorded by the learned single Judge, the compassionate employment 23 years after the death of the Government servant is incomprehensible. No case for interference is made out. Appeal is dismissed in limine. Sujit/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)