Created by Fuzzy Cloud

Patna High Court

Rambabu MaliversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the Municipal Commissioner to receive the petitioner's representation and ordered the Compassionate Committee to decide the compassionate appointment application within three months, with a cost penalty for failure to do so.

Summary

The petitioner, Rambabu Mali, filed a writ petition seeking appointment on compassionate grounds following his mother's death while she was employed as a Safai Karamchari with the Nagar Parishad, Motihari. He alleged that despite filing the prescribed application on 10 May 2021, the Municipal Corporation of Motihari neither appointed him nor issued any order, and that the Compassionate Committee had not considered his request. The Corporation contended that the relevant post had been reconstituted and no vacancy existed, but did not dispute the procedural lapse. The Court directed the petitioner to submit a representation to the Municipal Commissioner within three weeks and ordered the Compassionate Committee to decide the application within three months, communicating the result to the petitioner. It further mandated that if the decision is not rendered within the stipulated time, the petitioner is entitled to a cost of Rs.20,000 to be recovered from the erring official. The writ application was consequently disposed of.

Issues considered

  • Whether the Municipal Corporation failed to consider the petitioner's application for compassionate appointment as required by law.
  • Whether the High Court can direct the Municipal Commissioner and the Compassionate Committee to decide the application within a specific timeframe and impose costs for non‑compliance.

Subjects

  • compassionate appointment
  • municipal corporation
  • writ jurisdiction
  • administrative delay
  • cost award
  • representation

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.16144 of 2022
                  ======================================================
                  Rambabu Mali, S/o Late Mishri Mali, R/o Kunwari Devi Chowk, Kolhuarwa,
                  P.S. Town, Motihari, District- East Champaran.

                                                                              ... ... Petitioner/s
                                                    Versus

            1.    The State of Bihar through the Principal Secretary, Department of Housing
                  and Urban Development, Government of Bihar.
            2.    The Principal Secretary, Department of Housing and Urban Development,
                  Government of Bihar.
            3.    The District Magistrate, East Champaran at Motihari.
            4.    Municipal Corporation, Motihari through its Municipal Commissioner.
            5.    The Chairman, Municipal Corporation, Motihari.
            6.    The Municipal Commissioner, Municipal Corporation, Motihari.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner      :     Mr. Sanjay Parasmani, Advocate
                  For the State           :     Mr. Subhash Prasad Singh, GA-3
                                                Mr. Dilip Kumar, AC to GA-3
                  For the Municipal Corp. :     Mr. Surendra Prasad Singh, Advocate
                  (Motihari)
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                        ORAL ORDER

10   13-03-2026                  Heard learned counsel for the petitioner and learned

                    counsel for the respondent-Municipal Corporation, Motihari

                    (hereinafter referred to as ‘the Corporation’).

                                 2. The instant application has been filed by the

                    petitioner praying for his appointment on compassionate ground

                    on account of the death of his mother, who died in harness on

                    21.10.2020 while working as a Safai Karamchari on regular

                    basis in the Nagar Parishad, Motihari.

                                 3. It is submitted by learned counsel for the petitioner
Patna High Court CWJC No.16144 of 2022(10) dt.13-03-2026
                                           2/3




         that his mother having died on 21.10.2020, inspite of the

         petitioner having filed his application in the prescribed proforma

         for appointment on compassionate ground on 10.5.2021, neither

         the petitioner was appointed nor any order has been passed by

         the respondent-Corporation appointing the petitioner. It was

         these circumstances which lead to the petitioner filing the

         instant application for a direction to the respondent-Corporation

         to appoint the petitioner on compassionate ground.

                      4. It is submitted by learned counsel for the

         Corporation that a counter affidavit has been filed that the post

         having been reconstituted, there is no post available on which

         the petitioner may be appointed. However, it is not disputed that

         no order has been passed by the respondent authority or the

         Compassionate Committee under the respondent-Corporation

         considering the application of the petitioner.

                      5. In view of the facts and circumstances of the case,

         it is directed that the petitioner will file a representation before

         the Municipal Commissioner, Municipal Corporation, Motihari

         (respondent no.6) within a period of three weeks from today

         along with a copy of this order.

                      6. The respondent no.6/the Compassionate Committee

         of the Municipal Corporation shall decide the application with
            Patna High Court CWJC No.16144 of 2022(10) dt.13-03-2026
                                                       3/3




                     respect to compassionate appointment of the petitioner within a

                     period of three months from the date of its filing and shall

                     communicate the results thereof to the petitioner.

                                  7. In case the aforesaid exercise is not carried out by

                     the Municipal Commissioner/the Compassionate Committee

                     within the time fixed, the petitioner shall be entitled for a cost of

                     Rs.20,000/- which shall be recovered by the Corporation from

                     the erring Official.

                                  8. The writ application stands disposed of.



                                                     (Partha Sarthy, J)
avinash/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.