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Patna High Court

Mariyam HansdaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The order rejecting the compassionate appointment was lawful as it adhered to the applicable policy limiting such appointments to 3% of the sanctioned cadre strength, and therefore no writ could be issued.

Summary

The petitioner, a widow of a deceased peon of the Civil Court at Banka, sought a compassionate appointment as a peon under the Bihar Civil Court Officers and Staff recruitment rules, alleging that the 5% quota for such appointments should apply. The District Appointment Committee rejected her application, citing a policy that limits compassionate appointments to 3% of the sanctioned strength of the cadre, of which the quota was already filled. The petitioner challenged the rejection through a writ petition seeking certiorari and mandamus. The court examined the applicable 2022 Rules and the earlier policy letter of 2016, finding that the 3% ceiling was validly applied and that no vacancy existed for another compassionate appointment. Consequently, the court held there was no illegality in the committee’s order and dismissed the petition.

Issues considered

  • Whether the District Appointment Committee's rejection of the compassionate appointment, based on a 3% ceiling, violates the recruitment rules or any statutory provision.
  • Whether the petitioner is entitled to a writ of certiorari or mandamus directing her appointment on compassionate grounds.

Subjects

  • compassionate appointment
  • civil court staff
  • writ of certiorari
  • mandamus
  • recruitment rules
  • quota limitation
  • administrative discretion

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.13010 of 2023
     ======================================================
     Mariyam Hansda D/o Late Budhhinath Hansda, R/o Gadi Jhopa, P.S.-
     Saraiyahat, District- Dumka, Jharkhand.

                                                                        ... ... Petitioner/s
                                            Versus

1.   The State of Bihar through the Principal Secretary, General Administration
     Department, Government of Bihar.
2.   The Registrar General, Patna High Court.
3.   The District Judge - cum - Chairman District Appointment Committee,
     Banka.
4.   The Administration - in - Charge, Civil Court, Banka.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s      :       Mr. Patanjali Rishi, Advocate
     For the State             :       Mr. Manish Kumar, G.P.4
                                       Mr. Manoj Kumar, A.C. to G.P.4
     For the Respondent nos.2 to 4:    Mr. Piyush Lall, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY

                                      C.A.V. JUDGMENT

      Date : 28-04-2026

                    Heard learned counsel for the petitioner, learned

      counsel for the State of Bihar and learned counsel for the

      respondent nos.2 to 4.

                    2. The petitioner has filed the instant application for

      the following relief(s):

                                        “(i) For issuance of a writ in the nature
                            of certiorari or a writ of certiorari or any other
                            writ of the like nature thereby quashing the order
                            no. 60/2023 dated 19/04/2023 rejecting the
                            application seeking compassionate appointment in
Patna High Court CWJC No.13010 of 2023 dt.28-04-2026
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                            the Civil Court at Banka on account of the death of
                            the father of the petitioner who was the only
                            earning member of the family.
                                         (ii) For issuance of a writ in the nature
                            of mandamus or a writ of mandamus or any other
                            writ of the like nature thereby directing the
                            concerned respondents to issue an order of
                            appointment in favour of the petitioner for
                            compassionate appointment on the post of peon on
                            account of death of the father of the petitioner in
                            the Civil Court at Banka.
                                         (iii) For issuance of any other writ,
                            order, or direction for which the petitioner may be
                            adjudicated to be entitled for at the time of
                            disposal of the present petition.”

                      3. The case of the petitioner in brief is that her father

         who was a Peon in the Civil Court at Banka having died in

         harness on 23.7.2016, the petitioner having no source of income

         filed an application in the month of September, 2016 seeking

         her appointment on compassionate ground which came to be

         rejected by the order impugned dated 19.4.2023.

                      4. It is submitted by learned counsel for the petitioner

         that the appointment of class ‘C’ post in the Civil Court

         establishments are guided by the Bihar Civil Court Officers and

         Staff (Recruitment, Promotion, Transfer and Other Service

         Conditions) Rules, 2017. In the year 2022, the Bihar Civil Court

         Officers and Staff (Recruitment, Promotion, Transfer and Other
Patna High Court CWJC No.13010 of 2023 dt.28-04-2026
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         Service Conditions) Rules, 2022 were notified and published in

         the Gazette on 19.4.2022. Rule 6A of Rules of 2022 provides for

         appointment on compassionate ground to the extent of 5% of the

         vacancies arising in group ‘C’ post. Contrary to the rules, it is

         submitted that the application of the petitioner was rejected

         calculating 3% bar on the sanctioned strength of the cadre in the

         Judgeship. Learned counsel submits that the father of the

         petitioner having suffered serious health conditions resulting in

         huge medical expenses to the family, the petitioner be appointed

         on compassionate ground.

                      5. The application is opposed by learned counsel

         appearing for the respondent nos.2 to 4. Referring to the counter

         affidavit filed, it is submitted that the Patna High Court on its

         administrative side took a policy decision with respect to grant

         of compassionate appointment in Civil Courts of Bihar. As per

         the policy communicated to all the Judgeship of the State,

         appointment on compassionate ground was to be considered

         with the restriction that the total strength of compassionate

         appointees would not exceed 3% of the sanctioned strength of

         the cadre in which such appointment is being considered. It is

         thus submitted that the sanctioned strength of the cadre where

         the appointment of the petitioner was being considered on
Patna High Court CWJC No.13010 of 2023 dt.28-04-2026
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         compassionate ground being 71, 3% of the same would be 2.13.

         However, as the number of compassionate appointees already

         being 11, the application of the petitioner was rejected by the

         District Appointment Committee.

                      6. Heard learned counsel for the parties and perused

         the material on record.

                      7. The father of the petitioner who was working in the

         Civil Court at Banka on the post of Peon having died in harness

         on 23.7.2016, the petitioner filed her application for

         appointment on compassionate ground in September, 2016. As

         per the policy in existence on the date of death of the employee

         and contained in the letter dated 4.1.2016 (Annexure R/3-A) of

         the Registrar (Admn.) I/C, Patna High Court, it was decided that

         appointment on compassionate ground be considered with

         restriction that the total strength of compassionate appointees

         would not exceed 3% of the sanctioned strength of the cadre in

         which such appointment is being considered. The sanctioned

         strength of the cadre being 71, 3% of the same would come to

         2.13. However, in view of the fact that 11 persons appointed on

         compassionate ground were already working, there was no

         vacant post for appointment of the petitioner on compassionate

         ground on the class IV post. Thus, the District Appointment
             Patna High Court CWJC No.13010 of 2023 dt.28-04-2026
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                      Committee having considered the application of the petitioner,

                      rejected the same by order dated 19.4.2023, impugned herein.

                                     8. The Court finds no illegality in the order under

                      challenge and no merit in the instant application.

                                     9. The application is dismissed.




                                                  (Partha Sarthy, J)
Saurabh/-
AFR/NAFR                NAFR
CAV DATE                06.04.2026
Uploading Date          28.04.2026
Transmission Date


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