Patna High Court

Aman KumarversusThe State of Bihar

Decided: 2 February 2026
Disposal: DISPOSED
Bench: AJIT KUMAR

Holding

The court ordered that the compassionate appointment application be placed before the committee and decided within twelve weeks, thereby disposing the writ petition.

Summary

Aman Kumar filed a writ petition seeking a compassionate appointment after his mother, a government employee, died while in service, leaving him unemployed. He submitted the required documents and obtained no‑objection from his brothers. The court referred to the Supreme Court decision in Sushma Gosain v. Union of India, which mandates prompt consideration of compassionate appointments, and to the Full Bench judgment in Neeraj Kumar Mallick v. State of Bihar, which prescribes procedural parameters. The court directed that the petition be placed before the compassionate appointment committee and that the committee decide within twelve weeks of the order. Accordingly, the writ petition was disposed with the said directions.

Issues considered

Whether the petitioner is entitled to a compassionate appointment under existing service rules.
Whether the court can direct the respondents to consider the application within a specified time frame.

Subjects

compassionate appointment
service vacancy
writ petition
administrative law
appointment on compassionate grounds

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1654 of 2026
                 ======================================================
                 Aman Kumar Son of Shri Anil Kumar Roy, Resident of Mohalla- Samir
                 Nagar, Ward No.-25 (Now 32), P.O- Koshi College, P.S.- Chitragupta Nagar,
                 District- Khagaria.
                                                                           ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar through the Principal Secretary, Education Department,
                  Government of Bihar, Vikas Bhawan, J.L. Nehru Road, Patna.
           2.    The Principal Secretary, Education Department, Government of Bihar, Vikas
                 Bhawan, J.L. Nehru Road, Patna.
           3.    The District Magistrate, Khagaria.
           4.    The District Program Officer, Khagaria.
           5.    The Block Education Officer, Khagaria.
           6.    The Headmaster, Lal Babu Inter School, Khagaria.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Prabhakar Kumar
                 For the Respondent/s   :      Mr. Bijay Bhushan Prasad, AC to SC-13
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   02-02-2026                    Heard learned counsel for the petitioner and

                   learned counsel for the respondents.

                               2. The instant writ petition has been filed seeking a

                   direction to the respondents to grant appointment to the

                   petitioner on compassionate grounds, as his mother, Late Dr.

                   Jaymala Kumari, passed away during her service, and the

                   petitioner is unemployed and without means to support himself.

                               3. Learned counsel for the petitioner submits that the

                   petitioner’s mother died on 26.09.2023, and the petitioner’s

                   other brothers have provided their no-objection for seeking

                   appointment on compassionate grounds. Further, the requisite
           Patna High Court CWJC No.1654 of 2026(2) dt.02-02-2026
                                                       2/2




                     documents in the prescribed format have already been submitted

                     for consideration of his claim, as apparent from Annexures P/3

                     and P/4.

                                 4. Be that as it may, in view of the law laid down by

                     the Hon’ble Apex Court in Sushma Gosain vs. Union of India

                     (1989) 4 SCC 468, wherein the Hon’ble Apex Court has held

                     that all claims for appointment on compassionate grounds, there

                     should not be any delay in appointment.

                                 5. Accordingly, this Court is of the view that once such an

                     application has been filed and the requisite documents placed on

                     record, the matter shall be placed before the compassionate

                     appointment committee for consideration strictly in accordance with

                     the parameters laid down by the Hon’ble Full Bench in the case of

                     Neeraj Kumar Mallick vs. State of Bihar reported in 2018(2) PLJR

                     951 (FB).

                                 6. It is made clear that entire exercise shall be carried

                     out in a period of twelve weeks from the receipt/production of a

                     copy of this order.

                                 7. With the aforesaid observations and directions, the

                     writ application stands disposed of.



                                                             (Ajit Kumar, J)
shikha/-
U

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