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Patna High Court

Abha KumariversusThe State of Bihar

Decided
Disposal
WITHDRAWN

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The petition was dismissed as withdrawn, leaving the substantive issue unresolved.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 The Court allowed the withdrawal and dismissed the petition as withdrawn, without addressing the substantive eligibility question.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


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