Patna High Court
Baiju Kumar BhartiversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PARTHA SARTHY
Holding
The court held that the 2008 relaxation cannot be extended to group ‘ga’ posts and therefore the petitioner is not entitled to the compassionate appointment.
Summary
The petitioner, Baiju Kumar Bharti, applied for a compassionate appointment after his mother, a municipal sweeper, died in service. His application was rejected by the Municipal Commissioner in September 2022 and again by the District Compassionate Committee in March 2025 on the ground that the original ‘gha’ posts were abolished and he did not meet the eligibility for the remaining ‘ga’ posts. The petitioner argued that a 2008 government letter granting relaxation for ‘gha’ posts should be extended to ‘ga’ posts, and sought quashing of the two orders and a mandamus directing his appointment. The court examined the applicability of the 2008 relaxation, noting it pertained only to ‘gha’ posts and could not be extended by judicial decree to ‘ga’ posts, a matter of government policy. Consequently, the court found no legal basis to grant relief and dismissed the petition.
Issues considered
- Whether the petitioner is entitled to a compassionate appointment despite the abolition of group ‘gha’ posts and his lack of eligibility for group ‘ga’ posts.
- Whether the relaxation provided in the 18 December 2008 letter for group ‘gha’ posts can be applied to group ‘ga’ posts.
- Whether the court can quash the orders dated 19 September 2022 and 10 March 2025 and issue a mandamus directing appointment.
- Whether the matter of extending eligibility relaxation constitutes a policy decision beyond judicial review.
Subjects
- compassionate appointment
- eligibility criteria
- group gha
- group ga
- scheduled caste
- municipal corporation
- policy decision
- certiorari
- mandamus
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16306 of 2022
======================================================
Baiju Kumar Bharti S/O Shri Rajeshwar Ram, Mathiya Zirat, 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, Patna.
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.
7. The Principal Secretary, Finance Department, Govt. of Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Parasmani, Advocate
For the Respondent/s : Mr. Kinkar Kumar, SC- 9
Mr. AC to SC- 9
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
Date : 02-04-2026
Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The petitioner has filed the instant application for
the following relief:
“1. That this is an
application for issuance of a Writ in
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the nature of certiorari to quash the
memo no.-1917 dated 19.09.2022
issued under the signature of
Municipal Commissioner, Municipal
Corporation, Motihari whereby and
whereunder the claim of the petitioner
for compassionate appointment has
been rejected and further for issuance
of consequential writ in the nature of
Mandamus directing and commanding
the respondent authorities to appoint
the petitioner on compassionate basis
on any suitable post and/or for
issuance of any other Writ/Writs,
Direction/Directions, Order/Orders
which seem just and equitable in the
facts and circumstances stated
hereunder.”
3. The application of the petitioner having been
allowed by order dated 13.3.2026, the petitioner further prayed
for the following relief:
“For quashing the order
contained in Memo no. 261 dated
10.3.2025 issued under the signature
of the District Magistrate-cum-
Chairman of the District
Compassionate Committee, East
Champaran at Motihari so far as the
Patna High Court CWJC No.16306 of 2022 dt.02-04-2026
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petitioner is concerned.”
4. The case of the petitioner in brief is that the
mother of the petitioner who was working as a Safai
Karamchari in Nagar Parishar, Motihari having died in harness
on 4.5.2021, the petitioner filed a representation on 30.5.2022
for his appointment on compassionate ground.
5. The case of the petitioner not having been
considered on merits, the petitioner moved this Court by filing
C.W.J.C. no. 9299 of 2022 which was disposed of by order
dated 25.7.2022 with a direction to the Chief Executive Officer,
Nagar Parishad, Motihari to take a decision on the petitioner’s
pending claim by a reasoned and speaking order in accordance
with law. It is thereafter that by order dated 19.9.2022 passed by
the Municipal Commissioner, Municipal Corporation, Motihari
that the application of the petitioner was rejected.
6. The claim of the petitioner was considered by the
District Compassionate Committee in its meeting held on
10.3.2025 and the application of the petitioner came to be
rejected. It is against the order dated 19.9.2022 of the Municipal
Commissioner, Municipal Corporation, Motihari and the order
dated 10.3.2025 of the District Compassionate Committee, East
Champaran at Motihari that the instant application has been
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filed.
7. Learned counsel for the petitioner submits that
on perusal of the minutes of the District Compassionate
Committee, it would transpire that the reason for rejection of the
petitioner’s application is that the posts of category ‘gha’ having
been abolished in the Municipal Corporation, the petitioner who
is a matriculate not having the required eligibility for being
considered for appointment on compassionate ground on a post
in category ‘ga’, his application was rejected. Learned counsel
submits that the petitioner belongs to scheduled caste. Referring
to the letter dated 2.8.2022 (Annexure-11) it is submitted that as
per the contents of letter no.10073 dated 18.12.2008 of the
Personnel and Administrative Reforms Department (at present
General Administration Department), the relaxation granted is
applicable even now. Learned counsel submits that copy of the
letter no.10073 dated 18.12.2008 has been brought on record as
Annexure-14 to the supplementary affidavit filed on behalf of
the petitioner. As such, the order impugned rejecting the
petitioner’s application be set aside, the case of the petitioner be
considered granting relaxation in the eligibility requirement as
contemplated in letter no.10073 dated 18.12.2008 and the
respondents be directed to appoint the petitioner on
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compassionate ground on a post in category ‘ga’.
8. Heard learned counsel for the parties and perused
the material on record.
9. The relevant facts in brief are that the mother of
the petitioner who was working in the capacity of a Safai
Karamchari in the Nagar Parishad, Motihari having died in
harness on 4.5.2021, the petitioner who belongs to the scheduled
caste category applied for appointment on compassionate
ground.
10. The application of the petitioner came to be
rejected by order dated 19.9.2022 of the Municipal
Commissioner, Municipal Corporation, Motihari. A perusal of
the said order would show that pursuant to letter no.2503 dated
3.5.2018 of the Principal Secretary of the Urban Development
and Housing Department, with the abolition of group ‘gha’ post,
it was observed that it was not proper to consider the
applications for appointment on compassionate ground.
11. It further transpires that subsequently the
application of the petitioner along with that of others was
considered by the District Compassionate Committee and
rejected by order contained in Memo no.261 dated 10.3.2025.
The ground of rejection was that with the abolition of group
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‘gha’ posts, the applications for appointment on compassionate
ground were considered against group ‘ga’ posts and in the said
consideration, the petitioner being only a matriculate did not
have the required eligibility and could not be appointed.
12. So far as the submission of learned counsel for
the petitioner that the application of the petitioner could be
considered reducing the eligibility as provided in letter
no.10073 dated 18.12.2008 (Annexure-14) of the Personnel and
Administrative Reforms Department, Government of Bihar is
concerned, it may be observed here that the same deals with
group ‘gha’ posts and not group ‘ga’ posts.
13. In the opinion of the Court, no benefit of the
said letter dated 18.12.2008 can be given to the petitioner with
respect to the relaxation in the eligibility while considering the
petitioner’s application for compassionate appointment on group
‘ga’ post. Whether to extend the benefit of relaxation in the
eligibility provided in appointment of group ‘gha’ post as
contemplated in letter dated 18.12.2008 to group ‘ga’ post is
concerned, the same being a policy decision of the Government
would lie beyond the scope for consideration by this Court.
14. In view of the facts and circumstances stated
herein above, no relief can be granted to the petitioner.
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15. The application is dismissed.
(Partha Sarthy, J)
sauravkrsinha/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 2.4.2026
Transmission Date NA
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