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Patna High Court

Ajay Kumar MallikversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition lacks merit and is dismissed.

Summary

The petitioner, Ajay Kumar Mallik, applied to the Patna High Court seeking a compassionate appointment with the Purnea Municipal Corporation following the death of his mother, who was a sanitary worker for the corporation, on 25 July 2017. The respondents, the State of Bihar and the Purnea Municipal Corporation, contended that the petitioner is ineligible for such appointment because a Government of Bihar circular (Letter No. 13573 dated 15‑11‑2021) excludes his claim. The petitioner’s father, also a sanitary worker, had retired in 2022, which the respondents argued further negates any entitlement. The Court examined the petition and the circular and found that the petitioner’s claim lacks merit under the stated policy. Consequently, the Court dismissed the petition for compassionate appointment.

Issues considered

  • Whether the petitioner is entitled to a compassionate appointment under the Bihar Government circular dated 15‑11‑2021.

Subjects

  • compassionate appointment
  • municipal corporation
  • employment eligibility
  • government circular
  • death of parent

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.16298 of 2023
     ======================================================
     Ajay Kumar Mallik Son of Gouri Mallik and Babli Mehtarani @ Babli Devi,
     Resident of Village- Sahwan Tola, Brajesh Nagar, Ward no- 7, P.S.- K. Hat,
     District- Purnea.

                                                               ... ... Petitioner/s
                                       Versus
1.   The State of Bihar through the Principal Secretary Urban Development and
     Housing Department Government of Bihar, Patna.
2.   The Municipal Commissioner, Nagar Nigam, Purnea, District- Purnea.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s               :   None
     For the State                      :   Mr. Kinkar Kumar, SC- 9
     For the Purnea Muncipal Corporation:   Mr. Prince Kumar Mishra, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
     ORAL JUDGMENT

     Date : 04-12-2025
                     No one appears for the petitioner. Learned counsel

      for the respondent Purnea Nagar Nigam and learned counsel for

      the State of Bihar are present.

                     2. The instant application has been filed by the

      petitioner for a direction to the respondent authorities of the

      Purnea Nagar Nigam to appoint the petitioner on compassionate

      ground on account of the death of his mother who died in

      harness on 25.7.2017.

                     3. From the contents of the petition, it transpires

      that the application filed by the petitioner for his appointment on

      compassionate ground not having been decided by the

      respondents, the petitioner has filed the instant application.
             Patna High Court CWJC No.16298 of 2023 dt.04-12-2025
                                                        2/2




                                     4. Learned counsel appearing for the Purnea Nagar

                      Nigam in reference to the statement made in the counter

                      affidavit submits that the mother of the petitioner was working

                      in the Purnea Muncipal Corporation as a safai karamchari and

                      she died in harness on 25.7.2017. However, the father of the

                      petitioner who was also employed in the Police Department as a

                      sanitary worker, subsequently superannuated from service in the

                      year 2022. As such, it is submitted that in view of the

                      decision/circular of the State Government contained in Letter

                      no. 13573 dated 15.11.2021 (Annexure-R/1) of the Principal

                      Secretary, General Administration Department, Government of

                      Bihar, the petitioner is not entitled for employment on

                      compassionate ground.

                                     5. Having perused the contents of the petition, the

                      Court finds substance in the submissions made on behalf of the

                      Purnea Municipal Corporation.

                                     6. There being no merit in the instant application

                      and the same is dismissed.


                                                  (Partha Sarthy, J)
sauravkrsinha/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          6.12.2025
Transmission Date       NA


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