Patna High Court
Ajay Kumar MallikversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
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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