Patna High Court
Uttam Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PARTHA SARTHY
Holding
The writ application for compassionate appointment is dismissed as the petitioner is ineligible and the claim is barred by delay and laches.
Summary
The petitioner, Uttam Kumar Singh, filed a writ seeking a compassionate appointment as a constable, alleging that his father, a Home Guard, died in service on 28 April 2017. The respondents submitted a counter‑affidavit stating that the father had absconded from duty in March 2017 and was served a show‑cause notice under section 10(c) of the Bihar Home Guard Act, 1947, to which no reply was filed. A 2017 memorandum of the Bihar Home Guard Headquarters clarified that Home Guards are nominated volunteers and not deemed government servants, thereby excluding them from compassionate appointment policies. The Court noted the five‑year delay between the father’s death and the petitioner’s application, characterizing it as laches. Considering the statutory exclusion of Home Guards from such appointments and the procedural delay, the Court dismissed the writ application. The decision underscores that compassionate appointments are unavailable to nominated Home Guard personnel who were not in regular government service.
Issues considered
- Whether a Home Guard, who is a nominated volunteer and not a regular government servant, is eligible for compassionate appointment under existing policy.
- Whether the delay of five years in filing the application bars relief on the ground of laches.
- Whether the father's abscondment and pending show‑cause notice affect the applicability of compassionate appointment.
Subjects
- compassionate appointment
- Home Guard
- government service
- delay
- laches
- writ jurisdiction
- voluntary service
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12711 of 2022
======================================================
Uttam Kumar Singh Son of Late Satendra Singh Resident of Village Bedhani
P.O. Bedhani P.S. Deo, District Gaya, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Home Department, Gov. of
Bihar, Patna.
2. The Director General of Police Patna, State of Bihar.
3. The Superintendent of Police Aurangabad (Bihar).
4. The District Magistrate, Aurangabad (Bihar).
5. The District Commandant Home Guard, District Aurangabad (Bihar).
6. The Director Home Guard, Aurangabad.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailesh Kumar Singh, Advocate
For the Respondent/s : None
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 17-04-2026 Heard learned counsel for the petitioner. No one
appears for the respondents.
2. The petitioner has filed the instant application for
the following relief(s):
“(i) For a direction to the respondent
authorities to appoint the petitioner as a constable on
compassionate ground because his father namely Late
Satendra Singh died during service period on 28.04.2017
working as Home Guard, Police No. 18119 at
Daudnagar Police Station District Aurangabad (Bihar).
(ii) For a direction to the respondent
authorities to decide the representation or disposal of the
application filed by the petitioner for his compassionate
appointment.
Patna High Court CWJC No.12711 of 2022(3) dt.17-04-2026
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(iii) For any other order/orders on the basis of
facts and circumstances stated herein after of the case.”
3. The case of the petitioner in brief is that the father
of the petitioner who was posted as Home Guard at Daudnagar
police station expired on 28.4.2017. Inspite of the petitioner
having given his application before the respondent authorities
for his appointment on compassionate ground, no positive steps
having been taken by the respondents, he has filed the instant
writ application.
4. No one appears on behalf of the respondents,
however, a counter affidavit has been filed on behalf of the
respondent nos.4 and 5.
5. A perusal of the contents of the counter affidavit
shows that the father of the petitioner was nominated as Home
Guard bearing no.18119 and he absconded from his duty of
Home Guard from 11.3.2017. A show cause notice was issued to
him on 11.4.2017 as to why he be not punished for dereliction of
duty under section 10(c) of Bihar Home Guard Act, 1947. No
reply was filed to the show cause notice and it is much later that
the petitioner on 30.3.2022 filed an application addressed to the
Superintendent of Police, Aurangabad stating therein that his
father died on 28.4.2017 and praying for appointment on
compassionate ground. The respondents have further brought on
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record a copy of the memo no.4946 dated 7.11.2017 of the
Headquarter, Bihar Home Guard, Patna wherein taking into
account that Home Guards are nominated, a decision has been
taken not to treat them as being in Government service, the
nature of service being voluntary. Consequently no appointment
on compassionate ground with respect to Home Guard will be
made. It further transpires from the counter affidavit that it was
during the period that the father of the petitioner was
absconding that almost five years later this application is filed
by the petitioner claiming that his father has died and thus he be
appointed on compassionate ground.
6. Having heard learned counsel for the petitioner and
having perused the material on record, besides the decision
taken by the respondents contained in memo no.4946 dated
7.11.2017 with respect to the Home Guards being nominated
and thus the policy of compassionate appointment not being
applicable in his case, the very fact that the father of the
petitioner even as per the petitioner’s case died on 28.4.2017
while he had been issued notice for having
absconded/dereliction of duty and the application came to be
filed by the petitioner in the year 2022, in the opinion of the
Court, this application is fit to be dismissed on the ground of
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delay and laches also.
7. The writ application is dismissed.
(Partha Sarthy, J)
Saurabh/-
U
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