Patna High Court
Sittu KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PARTHA SARTHY
Holding
The Court held that there was no illegality in the Committee’s order rejecting the compassionate appointment and dismissed the petition.
Summary
The petitioner, Sittu Kumar, sought a compassionate appointment after his father, a BSAP-8 Hawaldar, died in service, arguing that he and his mother were left without income. The District Compassionate Committee rejected his application on 24 March 2017 and again on 28 July 2023, holding that the petitioner’s elder brother, who earns a police constable salary, could support the family. The petitioner contended that the Committee failed to follow the Full Bench judgment in Niraj Kumar Mallick’s case, which requires a detailed assessment of the dependents’ actual needs and the brother’s income adequacy. The High Court examined the Committee’s reasoning, the brother’s salary details, and the dependent certificate, and found no illegality or violation of the earlier judgment. Consequently, the Court dismissed the writ application, ordering the original records to be returned to the State.
Issues considered
- Whether the District Compassionate Committee erred in rejecting the petitioner’s compassionate appointment on the basis that the brother’s salary was sufficient for the dependents.
- Whether the Committee complied with the direction of the Full Bench judgment in Niraj Kumar Mallick v. State of Bihar regarding assessment of dependents’ needs.
- Whether the order of rejection is illegal or violative of any statutory provision governing compassionate appointments.
Subjects
- compassionate appointment
- dependent family
- police service
- District Compassionate Committee
- writ petition
- maintenance
- salary assessment
- Full Bench judgment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17715 of 2023
======================================================
Sittu Kumar Son of Late Binod Sharma, Resident of Village - Nayagaon, P.S.-
Parbatta, District - Khagaria at present residing at Ward No. 41, Swami
Vivekanand Nagar, Hemra, P.S. - Muffasil, District - Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Director General of Police, Bihar, Patna.
3. D.G. of Police, Bihar Special Armed Police, Bihar, Patna.
4. D.I.G. of Police, B.S.A.P., Northern Zone, Muzaffarpur.
5. Commandant, BSAP- 8, Begusarai.
6. District Magistrate, Begusarai.
7. District Establishment Deputy Collector, Begusarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Hriday Prasad, Advocate
For the Respondent/s : Mr. Mujtabaul Haque, GP- 12
Mr. Manish Kumar, AC to GP- 12
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
Date : 22-04-2026
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
appropriate writ, order or direction to
set aside the order of District
Compassionate Committee dated
Patna High Court CWJC No.17715 of 2023 dt.22-04-2026
2/5
28.7.2023 (Annexure-9) presided over
by the D.M., Begusarai and order of
Commandant, BSAP-8, Begusarai
dated 31.8.23 (Annexure-11) by which
the prayer for compassionate
appointment has been rejected. It is
further prayed to direct the
respondents to consider the case of
petitioner for compassionate
appointment and for grant of all
consequential benefits.”
3. The case of the petitioner in brief is that the
father of the petitioner namely Binod Sharma who was posted as
a Hawaldar in BSAP-8 died in harness on 10.3.2016 leaving
behind his widow and three children including the petitioner
herein. The cause of death was said to be cancer.
4. It is the case of the petitioner that there was
partition in the lifetime of his father on 1.5.2014 from when the
elder brother of the petitioner namely Sachin Kumar started
living separately from his father. On the death of his father,
while the petitioner’s elder brother lived separately with his
family, the petitioner was left with his mother with no source of
income.
5. The petitioner filed an application for his
appointment on compassionate ground which was rejected by
Patna High Court CWJC No.17715 of 2023 dt.22-04-2026
3/5
the District Compassionate Committee by order dated
24.3.2017.
6. The petitioner challenge the same in C.W.J.C. no.
8149 of 2018 which was disposed of by order dated 26.8.2022
requiring the respondent no.2 i.e. the Director General of Police,
Bihar to examine the fact and pass a reasoned and speaking
order in light of the Full Bench judgment of this Court in the
case of Niraj Kumar Mallick vs. The State of Bihar and Ors.;
2018 (2) PLJR 951.
7. It transpires that the matter with respect to
appointment of the petitioner on compassionate ground was
once again placed before the District Compassionate
Committee, Begusarai headed by its Chairman i.e. the District
Magistrate, Begusarai and of which there were seven other
members including the District Establishment Deputy Collector,
the District Education Officer, the District Development
Commissioner and the Additional Collector, all of Begusarai.
8. The District Compassionate Committee
considered the case of the petitioner and rejected the same by its
order dated 28.7.2023, impugned in the instant application.
9. It is submitted by learned counsel for the
petitioner that the respondents did not take into consideration
Patna High Court CWJC No.17715 of 2023 dt.22-04-2026
4/5
the direction of the Full Bench judgment in the case of Niraj
Kumar Mallick (supra) nor did it consider as to what amount
was being received by the elder brother of the petitioner and
whether the amount was sufficient for the maintenance of all the
dependents.
10. On perusal of the order of the District
Compassionate Committee, it would transpire that reason for
rejection of the petitioner’s application was that in an enquiry
made with respect to the salary/income of the petitioner’s
brother, as per the certificate/petition filed by the petitioner, his
elder brother is posted and working as a constable as a Jail
Police Warden and is drawing salary as on 28.4.2023 in the
scale of 5200-20200 with grade pay 2000. It further transpires
that the case of the petitioner’s appointment on compassionate
ground was once again placed before the Committee in its
meeting held on 28.7.2023 and taking into consideration the
members of the family, it was concluded that the salary being
drawn by the petitioner’s brother was sufficient for the
sustenance of the dependents of the deceased.
11. It may be observed here that the dependent
certificate issued by the Circle Officer has been brought on
record as Annexure-3 to the writ application from which it
Patna High Court CWJC No.17715 of 2023 dt.22-04-2026
5/5
transpires that besides the family of the elder brother of the
petitioner, so far as the dependents of the deceased employee is
concerned, the same includes the petitioner and his widow
mother.
12. In view of the facts and circumstances of the
case, the Court finds no illegality in the order of the Collector,
Begusarai rejecting the application of the petitioner for his
appointment on compassionate ground.
13. The Court finds no merit in the instant
application and the same is dismissed.
14. Let the original records be returned to learned
counsel for the State of Bihar.
(Partha Sarthy, J)
sauravkrsinha/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 22.4.2026
Transmission Date NA
Checking your session…