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Patna High Court

Priya KumariversusIn The High Court Of Judicature At Patna Through Its Registrar General, Patna High Court, Patna and

Decided
Disposal
DISPOSED

Holding

The order rejecting the petitioner's compassionate appointment is set aside, and the respondents must consider her application under the scheme in force at the time of the employee's death.

Summary

The petitioner, Priya Kumari, filed a writ petition seeking quashing of an order dated 01.02.2016 that rejected her claim for appointment on compassionate grounds, relying on a prior High Court direction. The petitioner argued that the matter is governed by the precedent set in Seraj Anwar v. State of Bihar, which dealt with the applicability of the scheme in force at the time of the employee's death. The Court examined the principles laid down in Indian Bank v. Promila and Canara Bank v. M. Mahesh Kumar, emphasizing that compassionate appointments are not a right and must be assessed under the scheme prevailing at the date of death, not under later amendments such as a 3% restriction. The Court held that the respondents erred in applying the post‑death scheme and set aside the impugned order. Consequently, the respondents were directed to consider the petitioner's application for compassionate appointment within three months, and the writ petition was disposed of in accordance with the Seraj Anwar judgment.

Issues considered

  • Whether the order rejecting the petitioner's compassionate appointment claim is liable to be quashed in view of the scheme applicable at the time of the employee's death.
  • Whether a post‑death amendment (e.g., 3% restriction) can be applied to the petitioner's claim.
  • Whether the petitioner is entitled to appointment on compassionate grounds under the prevailing scheme.
  • Whether the writ petition can be decided by following the precedent set in Seraj Anwar v. State of Bihar.

Subjects

  • compassionate appointment
  • scheme applicability
  • judicial review
  • writ petition
  • high court
  • appointment committee
  • family pension

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.13924 of 2016
     ======================================================
     Priya Kumari Daughter of Late Umesh Prasad Singh @ Umesh Singh
     Resident of village and P.O. Dhobwal, P.S. Khaira, District - Saran at Chapra

                                                           ... ... Petitioner/s
                                     Versus
1.   In The High Court Of Judicature At Patna Through Its Registrar General,
     Patna High Court, Patna
2.   The Registrar General, Patna High Court, Patna
3.   The Registrar, Administration , I/C, Patna High Court, Patna
4.   The District and Sessions Judge Cum Chairman, Appointment Committee,
     Civil Court, East Champaran, Motihari

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Dhiraj Kumar Singh, Advocate
     For the Respondent/s   :      Mr. Sanjeev Kumar, Advocate
     ======================================================
        CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
                                ORAL JUDGMENT
                                Date : 16-02-2026

                  1. The petitioner has filed the instant

      application for the following reliefs:

                                       “For issuing an appropriate
                      Writ/Writs for quashing the order dated
                      01.02.2016 contained in Memo No. 1225-
                      227/E       issued      by      the      Appointment
                      Committee, Civil Court, East Champaran,
                      Motihari headed by the District & Sessions
                      Judge, East Champaran, Motihari. So far it
                      relates to the petitioner by which the claim
                      of the petitioner to consider her case for
                      appointment on compassionate ground has
                      been rejected taking into consideration the
                      direction of Hon'ble Patna High Court vide
                      letter no. 371/ Admn. Misc. (IV-32/2009)
Patna High Court CWJC No.13924 of 2016 dt.16-02-2026
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                          dated 04.01.2016.
                                            The petitioner further prays for
                          a direction that after quashing of the
                          impugned order the appointment of the
                          petitioner be considered forthwith and
                          accordingly she should be granted all the
                          consequential benefits flowing there from.”


                           2. At the very outset, Learned counsel

         for the petitioner contended that since this matter

         is squarely covered under the order passed by a

         Coordinate Bench of this Court in C.W.J.C. No.

         25683 of 2019                    (Seraj Anwar Versus The

         State of Bihar              & Ors.),          this writ petition may

         also be disposed of on the same terms and

         conditions.

                           3. In Seraj Anwar (supra) it has been

         held as follows:

                                         “10. In the case of Indian Bank
                       (supra) relied on by learned counsel for the
                       petitioner, the Hon’ble Supreme Court              has
                       held as follows :-
                                            “3.    There    has   been   some
                          confusion as to the scheme applicable and,
                          thus, this Court directed [Indian Bank v.
                          Promila, (2020) 2 SCC 735] the scheme
                          prevalent, on the date of the death, to be
Patna High Court CWJC No.13924 of 2016 dt.16-02-2026
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                          placed before this Court for consideration,
                          as the High Court [Promila v. Indian Bank,
                          2008 SCC OnLine P & H 2267] appears to
                          have dealt with a scheme which was of a
                          subsequent date. The need for this also
                          arose on account of the legal position
                          being settled by the judgment of this Court
                          in Canara Bank v. M. Mahesh Kumar
                          [Canara Bank v. M. Mahesh Kumar, (2015)
                          7 SCC 412 : (2015) 2 SCC (L&S) 539] , qua
                          what      would         be    the    cut-off date        for
                          application of such scheme.
                                            4. It is trite to emphasise,
                          based            on           numerous             judicial
                          pronouncements                of    this     Court,      that
                          compassionate            appointment          is   not    an
                          alternative        to    the        normal    course       of
                          appointment, and that there is no inherent
                          right to seek compassionate appointment.
                          The objective is only to provide solace and
                          succour to the family in difficult times and,
                          thus, the relevancy is at that stage of time
                          when the employee passes away.
                                            5. An aspect examined by this
                          judgment [Canara Bank v. M. Mahesh
                          Kumar, (2015) 7 SCC 412 : (2015) 2 SCC
                          (L&S) 539] is as to whether a claim for
                          compassionate                employment        under       a
                          scheme of a particular year could be
                          decided based on a subsequent scheme
                          that came into force much after the claim.
                          The answer to this has been emphatically
Patna High Court CWJC No.13924 of 2016 dt.16-02-2026
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                          in the negative. It has also been observed
                          that the grant of family pension and
                          payment of terminal benefits cannot be
                          treated      as      a   substitute      for   providing
                          employment assistance. The crucial aspect
                          is to turn to the scheme itself to consider
                          as to what are the provisions made in the
                          scheme            for         such      compassionate
                          appointment.”
                                         11. In view of the facts and
                       circumstances stated herein above, in the
                       opinion of the Court, the respondents have
                       erred in placing the restriction of 3% which
                       was introduced for the first time several
                       months          after           the     death     of   the
                       employee/father of the petitioner. It is the
                       scheme prevalent on the death of the
                       employee which would be applicable.
                                         12. In view of the facts and
                       circumstances stated herein above, the order
                       impugned dated 20.4.2018 passed by the
                       respondent no.5 is not sustainable and is
                       accordingly set aside.
                                         13.       The         respondents    are
                       directed to consider the application of the
                       petitioner for appointment on compassionate
                       ground at the earliest preferably within a
                       period of two months from the date of
                       receipt/production/communication of a copy
                       of this order.
                                         14. The writ application stands
                       allowed.”
             Patna High Court CWJC No.13924 of 2016 dt.16-02-2026
                                                        5/5




                                        4. Heard the Learned counsel for the

                      petitioner as well as the Learned counsel for the

                      respondents and perused the records.

                                        5. Having regard to the submissions

                      made by the parties, the present writ petition

                      stands disposed of in terms of the aforesaid

                      judgment passed in Seraj Anwar (supra).

                                        6. The respondents are directed to

                      examine the case of the petitioner in accordance

                      with law and to take a reasoned decision in the

                      light of the observations and directions contained

                      in the judgment passed in                     Seraj Anwar (supra)

                      within a period of three months from the date of

                      receipt/production of a copy of this order.

                                        7. Interlocutory Application, if any, shall

                      stands disposed of.




                                         (G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          20.02.2026
Transmission Date


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