Patna High Court
Vikas Kumar @ Vikas MaliversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The court directed the petitioner to re‑file his representation before the Municipal Commissioner and set timelines for the Compassionate Committee to decide, thereby disposing of the writ petition.
Summary
Vikas Kumar filed a writ petition seeking his appointment on compassionate grounds after his father, a Safai Karamchari of the Nagar Parishad, Motihari, died in service on 26 July 2016. He had submitted an application for such appointment on 24 April 2021, but no order was passed by the municipal authorities. The petition argued that the inaction violated his right to a timely decision. The High Court observed that the application remained pending and not rejected on merits, and therefore directed the petitioner to file a fresh representation before the Municipal Commissioner within three weeks. The Court further ordered the Compassionate Committee to decide the application within two months and to issue a reasoned order if the application is denied. The writ petition was consequently disposed of with these directions.
Issues considered
- What relief, if any, can the court grant when an application for appointment on compassionate grounds remains pending without a decision?
- Whether the petitioner is entitled to a direct appointment order or must be directed to re‑file the application before the municipal authority.
Subjects
- compassionate appointment
- writ jurisdiction
- municipal corporation
- administrative delay
- pending application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17000 of 2022
======================================================
Vikas Kumar @ Vikas Mali S/o Late Binod Malik @ Vinod Ram @ Vinod
Mali, Ward No. - 3, Teliya Patti, 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/s : Mr. Sanjay Parasmani, Advocate
For the State : Mr. Yogendra Pd. Sinha, AAG- 7
For the Corporation : Mr. Surendra Prasad Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
7 13-03-2026 Heard learned counsel for the petitioner and learned
counsel for the Municipal Corporation, Motihari.
2. The petitioner has filed the instant application for
his appointment on compassionate ground on account of the
death of his father who died in harness on 26.7.2016 while
working as a Safai Karamchari in the Nagar Parishad, Motihari.
3. It is the case of the petitioner that on the death of
his father, inspite of the petitioner having filed an application for
his appointment on compassionate ground on 24.4.2021, neither
the petitioner has been appointed nor any order passed on his
Patna High Court CWJC No.17000 of 2022(7) dt.13-03-2026
2/3
application. As such the instant writ application.
4. The application is opposed by learned counsel
appearing for the Nagar Parishad, Motihari. Though it is
submitted that the application of the petitioner is fit to be
rejected on merits, however it is not denied that so far as the
application for appointment on compassionate ground filed by
the petitioner is concerned, no order has been passed either way
by the Nagar Parishad, Motihari and as such, the same continues
to remain pending.
5. Let the petitioner file a fresh representation along
with a copy of this order before the Municipal Commissioner,
Municipal Corporation, Motihari (respondent no. 6) within a
period of three weeks from today.
6. On filing of the said representation, the Municipal
Commissioner, Motihari (respondent no. 6) as also the
Compassionate Committee shall decide the application of the
petitioner for his appointment on compassionate ground within a
period of two months from the date of its filing.
7. In case the application of the petitioner does not
find favour with the respondents, a reasoned order for the same
shall be communicated to the petitioner within the aforesaid
period.
Patna High Court CWJC No.17000 of 2022(7) dt.13-03-2026
3/3
8. The application stands disposed off with the above
observations and directions.
(Partha Sarthy, J)
sauravkrsinha/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.