Patna High Court
Mariyam HansdaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PARTHA SARTHY
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
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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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