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Judgment
Delay of 17 days is condoned. I.A. No. 8290 of 2013 is
allowed.
Heard counsel for the appellant and counsel for the
State.
The challenge is to the order dated 03.07.2013 passed
by the learned single Judge in C.W.J.C. No. 20231 of 2011. The
learned single Judge has dismissed the writ application refusing to
grant any relief to the petitioner for a direction for compassionate
appointment on the death of the mother on the ground that the father
was also a government servant and very much in employment.
A case was sought to be made out that the father and the
mother were separated and there is a document, which was
Annexure-2 to the writ application, which is an affidavit before a
Notary Public at Buxar showing such separation.
The learned single Judge has rightly considered and said
that such a document has no legal validity because judicial
separation cannot be accepted on the basis of a notarised affidavit.
The whole story basically is to beget employment under
the compassionate head and the story of separation is part of the
same scheme.
The order of the learned single Judge does not suffer
from any legal infirmity.
Appeal is dismissed.