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Patna High Court

Sittu KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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
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                                         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
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         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
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         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
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                      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


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