Patna High Court
Dharmawati DeviversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court directed the District Magistrate to decide the compassionate appointment application, give the petitioner a hearing, and issue a reasoned order, with appointment to be made within one month if entitlement is established.
Summary
The petitioner, a widow of a deceased government employee, filed a writ petition seeking a direction in the nature of mandamus for her appointment on compassionate grounds under the education department. She had submitted an application for compassionate appointment to the Block Education Extension Officer, which is to be decided by the District Magistrate, but no decision had been taken. The State did not oppose the prayer and agreed to a direction for the District Magistrate to decide the application. The Court, noting the limited relief sought, ordered the District Magistrate to give the petitioner a hearing, pass a reasoned order, and, if she is found eligible, make the appointment within one month. The Court also set a six‑week deadline for the District Magistrate to deliver the final decision and disposed of the writ petition.
Issues considered
- Whether the District Magistrate can be directed by a writ of mandamus to decide the petitioner's application for compassionate appointment
- Whether the petitioner is entitled to appointment on compassionate grounds following the death of her husband
Subjects
- compassionate appointment
- mandamus
- writ jurisdiction
- district magistrate
- education service
- widow's right
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10952 of 2018
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Dharmawati Devi W/o Late Rampati Ram, R/o Village- Karnpura, P.O.P.S.-
Durgawati, District- Kaimuar Bhabhua.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Human Resources
Development Department, Govt. of Bihar, Patna
2. The Director, Primary Education, Govt. of Bihar, Patna.
3. The Regional Deputy Director of Education, Sahabad, Ara.
4. The District Magistrate cum Head of the Compassionate Appointment
Officer, Kaimur, Bhabhua.
5. The District Education Officer, Kaimur, Bhabhua.
6. The Programme Officer, Establishment, Kaimur, Bhabhua.
7. The Block Education Extension Officer, Durgawati, Kaimur.
8. The Panchayat Secretary cum Secretary Panchayat Primary Teachers
Employment Committee, Durgawati Bl
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepak Kumar
For the Respondent/s : Mr.Madanjeet Kumar- GP-20
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL JUDGMENT
Date : 05-01-2026
Heard learned counsel for the petitioner and learned
counsel appearing for the respondent-State.
2. The petitioner has filed the present writ petition for
issuance of an appropriate direction in the nature of mandamus to
appoint the petitioner on compassionate ground against the death
of her husband in harness.
3. Learned counsel for the petitioner submits that she is
entitled to appointment on compassionate basis after the death of
Patna High Court CWJC No.10952 of 2018 dt.05-01-2026
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her husband in harness and for that she has already submitted an
application vide Annexure-1 to the Block Education Extension
Officer, Durgawati, Kaimur. The decision of this application is to
be taken by the District Magistrate, but the same has not taken
place uptil now. He therefore, submits that an appropriate direction
be given to the District Magistrate, Kaimur to take an appropriate
decision on the application of compassionate appointment
submitted by the petitioner.
4. Learned counsel appearing for the respondent-State
does not have any objection, if an appropriate direction is issued to
the District Magistrate, Kaimur to take a final decision on the
application for compassionate appointment filed by the petitioner
vide Annexure-1.
5. Considering the limited nature of prayer made by the
petitioner, this writ application is disposed of directing the District
Magistrate, Kaimur to take a final decision on the application for
compassionate appointment submitted by the petitioner vide
Annxure-1 and before passing final order, the petitioner should be
given an opportunity of hearing. It is needless to emphasis that
final order should be reasoned and speaking order.
6. It is further made clear that in case the petitioner is
found entitled to appointment on compassionate basis then the
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same should be done within a period of one month from the date
of passing of the final order.
7. The District Magistrate, Kaimur is expected to a final
decision in the matter within a period of six weeks from the date of
receipt/production of the copy of this order.
8. With the aforesaid observation and direction, the
present writ application shall stand disposed of. However, IA if
any pending, shall also stand disposed of.
(Alok Kumar Sinha, J)
vinita/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 07.01.2026
Transmission Date
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