Patna High Court
Abha KumariversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- PARTHA SARTHY
Holding
The petition was dismissed as withdrawn, leaving the substantive issue unresolved.
Summary
Petitioner Abha Kumari, sister of a deceased health department clerk, filed a writ petition seeking a mandamus directing the State of Bihar to appoint her on compassionate grounds and to restrain the issuance of death and post‑retirement benefits to another claimant. The respondents argued that under the applicable rules, a sister of a deceased employee is not eligible for compassionate appointment. After hearing, the petitioner’s counsel requested to withdraw the application. The Court allowed the withdrawal and dismissed the petition as withdrawn, without addressing the substantive eligibility question.
Issues considered
- Whether a sister of a deceased government employee is entitled to a compassionate appointment under the relevant service rules.
Subjects
- compassionate appointment
- writ of mandamus
- public service eligibility
- withdrawal of petition
- government employee benefits
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1120 of 2026
======================================================
Abha Kumari Wife of Rajeev Kumar, Resident of Ward No.02, Dr. Brajmohan
Gali, Sanjay Cinema Road, P.O.- Brahampura, M.I.T Muzaffarpur, District-
Muzaffarpur, Pin Code- 842003.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Health Department,
Government of Bihar, Patna.
2. The Additional Chief Secretary, Health Department, Government of Bihar,
Patna.
3. The Director, Health Department, Government of Bihar, Patna.
4. The District Magistrate cum Chairman of the District Compassionate
Appointment Committee, Darbhanga.
5. The Civil Surgeon cum Chief Medical Officer, Darbhanga.
6. The Medical Officer, Primary Health Center, Ali Nagar, Darbhanga.
7. Sunita Sinha, Wife of Late Rakesh Kumar Singh, Resident of Mohalla-
Laxmi Sagar, Baban Bigha, Road No.5, P.S.- L.N.M.U, District- Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kaushalesh Choudhary
For the Respondent/s : Mr.Advocate General
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 03-02-2026 1. The petitioner has filed the instant application for
the following reliefs:
“i. For issuance of an appropriate writ in the
nature of Mandamus, commanding the
concerned respondents to appoint the petitioner
on compassionate ground, as she is the sole
nominee and full sister of Late Rakesh Kumar
Sinha, who died on 17.07.2018, while working
as Clerk in the Additional Primary Health
Centre, Harsingpur, Ali Nagar, Darbhanga.
Patna High Court CWJC No.1120 of 2026(2) dt.03-02-2026
2/2
ii. For issuance of appropriate direction to the
concerned respondent for restraining them to
issue appointment letter in favour of respondent
no. 7 and also restrain from releasing death cum
post retirement benefits to her.
iii. For grant of other relief / reliefs, to which the
petitioners may found entitled, on the facts and
circumstances of the case.”
2. At the outset, it is submitted by learned counsel for
the respondents that the petitioner happens to be the sister and
even as per the Rules sister of a deceased employee is not
entitled for compassionate appointment.
3. After some arguments and having heard the
observation of this Court, learned counsel for the petitioner
seeks permission to withdraw this application.
4. This application is dismissed as withdrawn.
(Partha Sarthy, J)
Bibhash/-
U
Checking your session…