MAROON KHATOON Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the respondents.

(2.) The order dated 17th of May, 2016 passed by learned Single Bench in CWJC No. 12092 of 2015 is the subject matter of challenge in the present Letters Patent Appeal whereby the claim for compassionate appointment after death of Asgar Ali on 23rd of Nov., 1999 remained unsuccessful.

(3.) Though the learned Single Bench has taken into consideration that Asgar Ali was a work charged employee as a Nalkoop Khalasi in Public Health Engineering Department and he never came to be regularized and therefore the claim for compassionate appointment cannot be entertained but learned counsel for the appellants refers to an order dated 5th of May, 2010 passed in CWJC No. 1880 of 2007 wherein Asgar Ali was treated as class IV employee. It is contended that such order has attained finality when the Special Leave Petition was dismissed by the Supreme Court.