Patna High Court
Rambabu MaliversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
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
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