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Patna High Court

Ashok Kumar RamversusThe Principal Secretary, Nagar Vikash and Aawas Bibhag

Decided
Disposal
DISMISSED

Holding

The petitioner is not eligible for a compassionate appointment and the writ petition is dismissed.

Summary

The petitioner, Ashok Kumar Ram, sought a mandamus directing the government to appoint him under the Compassionate Appointment Scheme following the death of his mother, a municipal sweeper, in 2014. He argued that no decision had been taken on his application despite submitting the required family list. The respondents contended that the petitioner was ineligible because his father was a government employee at the time of the mother's death, as per the scheme's guidelines, and that the lapse of twelve years negated any immediate hardship. The court examined the eligibility criteria, the effect of the elapsed time, and the propriety of re‑filing the same relief after earlier petitions were withdrawn. It held that the petitioner was not entitled to a compassionate appointment and dismissed the writ, imposing a modest cost.

Issues considered

  • Whether the petitioner is eligible for appointment under the Compassionate Appointment Scheme when his father was in government service at the time of his mother's death.
  • Whether the passage of twelve years since the death defeats the claim of immediate hardship justifying compassionate appointment.
  • Whether the writ petition is maintainable after the petitioner previously withdrew identical petitions.
  • Whether costs should be imposed on the petitioner for repeatedly seeking the same relief.

Subjects

  • Compassionate Appointment Scheme
  • Writ of Mandamus
  • Eligibility
  • Government Service
  • Municipal Employment
  • Cost Order
  • Repeated Litigation

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No 17728 of 2023
     ======================================================
     Ashok Kumar Ram S/o Raj Kumar Prasad, R/o- Village/ Mohalla- Domhari
     Tola, Block Road, Post- Rajgir, P.S.- Rajgir, Dist.- Nalanda, PIN- 803116.

                                                           ... ... Petitioner/s
                                      Versus
1.   The Principal Secretary, Nagar Vikash and Aawas Bibhag Government of
     Bihar, Patna.
2.   The Special Secretary, Nagar Vikash And Aawas Bibhag, Government of
     Bihar, Patna.
3.   The Deputy Secretary, Nagar Vikash And Aawas Bibhag, Government of
     Bihar, Patna.
4.   Municipal Commissioner of Nalanda, State of Bihar
5.   The Municipal Commissioner of Patna Municipal Corporation, Patna.
6.   The Collector of Nalanda.
7.   The Additional Collector (Establishment), Nalanda.
8.   The Executive Officer of Nagar Panchyat Rajgir, Nalanda.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr Ranjit Jha, Advocate
     For the S t a t e      :     Mr Abbas Haider, SC VI
     For Respondent No 8    :     Mr Rajiv Ranjan Kr Pandey, Advocate
     ======================================================
     CORAM: HONOURABLE MR JUSTICE RITESH KUMAR

                                 ORAL JUDGMENT

      Date : 06-02-2026


                 Heard learned counsel for the parties.

                 2 The present writ petition has been filed for the

     following reliefs :

                      “i For issuance of an appropriate writ,
            order or direction in the nature of ‘Mandamus’
            directing and commanding the concern
            respondent to appoint the petitioner on suitable
            post under Compassionate Appointment Scheme
            as per guideline issued by the Government of
            Bihar vide Annexure 14 of this writ petition on
Patna High Court CWJC No.17728 of 2023 dt.06-02-2026
                                           2/5




               account of death of his mother Soniya Domin
               when she was in srvice on the post of regular
               Sweeper in Nagar Panchayat Rajgir (Nalanda)
               under municipal corporation.

                          ii For further issuance of appropriate
               writ, order or direction in the nature of
               ‘Mandamus’ directing/commanding the concern
               respondent to give the liberty of appointment of
               the petitioner on suitable post according to his
               qualification.

                          iii For issuance of any other relief or
               reliefs to which the petitioner is found entitled
               to.”

                    3 The brief facts of the case are that the mother of the

       petitioner late Soniya Domin was appointed on the post of regular

       Sweeper in Nagar Panchayat, Rajgir (Nalanda) on 23.10.1987,

       where she continued to work till she died in harness on

       01.07.2014. Thereafter, the petitioner submitted the list of family

       members before the competent authority and it is the contention of

       the petitioner that no decision has been taken on the same till date.

       It further appears from paragraph 18 of the writ petition that prior

       to the present writ petition, the petitioner had earlier filed two writ

       petitions bearing CWJC No 10788 of 2020 and 20626 of 2021 for

       the same reliefs.          Both the writ petitions were heard by a

       coordinate Bench of this Court and vide order dated 11.09.2023,

       on the prayer made by Shri Ranjit Jha (who is the counsel in the

       present case also), the writ petitions were permitted to be
Patna High Court CWJC No.17728 of 2023 dt.06-02-2026
                                           3/5




       withdrawn.       The coordinate Bench, in paragraphs No 7 to 9,

       considered the case on merit and in paragraph No 12, has held as

       follows:

                          “12 In view of the fact that the
               petitioner has chosen to withdraw both the writ
               petitions, this Court refrains from imposing cost
               upon him but caution Mr Ranjit Jha to be
               vigilant in future and faced with these
               situations, advise the clients properly.”

                    4 A counter affidavit has been filed on behalf of

       respondents No 1 to 3 wherein it has been stated that guidelines

       have been issued to all the Municipal bodies for making

       appointment on compassionate ground and with regard to the case

       of the petitioner, a letter has been issued by the Urban

       Development and Housing Department, Government of Bihar,

       Patna whereby the Executive Officer, Nagar Parishad, Rajgir was

       directed to look into the matter and to file a counter affidavit in

       this case.       A counter affidavit has been filed on behalf of

       respondent No 8 wherein it has been stated that the death of the

       petitioner’s mother occurred on 01.07.2014. At that time, her

       husband Raj Kumar Prasad was in Government service and he

       retired on 15.10.2015, therefore, in such circumstances, the

       petitioner was not eligible to get appointment on compassionate

       ground under the Government Scheme in view of the departmental

       guidelines issued in Clause 1 (v) of letter No 13293 dated
Patna High Court CWJC No.17728 of 2023 dt.06-02-2026
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       05.10.1991 wherein it has been provided that no benefit will be

       provided to the dependent of a spouse, if both are in Government

       service and out of them, one dies and another remains in

       Government service. Further, it has been contended on behalf of

       respondent No 8 that earlier, the petitioner had filed two writ

       petitions, bearing CWJC No 10788 of 2020 and CWJC No 20226

       of 2021 for the same and identical relief, but the same were

       withdrawn by the learned counsel for the petitioner.

                    5 Having heard the learned counsel for the parties and

       perusing the materials available on record, I find that the mother of

       the petitioner died on 01.07.2014 and at the relevant time, the

       father of the petitioner was in Government service, therefore as per

       the policy of the Government, he was not eligible for appointment

       on compassionate ground.              Further, the very object of giving

       compassionate appointment to a dependent of the deceased

       employee, who dies in harness, is to relieve unexpected immediate

       hardship and distress caused to the family by the sudden demise of

       the earning member of the family. In the present case, since the

       death occurred in 2014 and it is almost 12 years, therefore, when

       the petitioner has survived for such long years, there is no reason

       to believe that he will not survive the hardship which has been

       caused due to the death of his mother in future. In other words, if
             Patna High Court CWJC No.17728 of 2023 dt.06-02-2026
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                    the contention is accepted, it is another mode of recruitment of

                    dependent of a deceased Government servant which cannot be

                    encouraged, de hors the recruitment Rules.

                                 6 Accordingly, the present writ petition is dismissed

                    with a cost of Rs 5,000/- since the petitioner has filed the present

                    writ petition for the same relief for which he had earlier filed

                    CWJC No 10788 of 2020 and 20626 of 2021 and both the writ

                    petitions were withdrawn, however, on the merit also, the same

                    were considered and the coordinate Bench had cautioned the

                    petitioner that since he has chosen to withdraw the writ petition,

                    this Court refrains from imposing cost upon him, but even then he

                    filed the present writ petition for the same relief.



                                                  (Ritesh Kumar, J)
M.E.H./-
AFR/NAFR                    NAFR
CAV DATE                      NA
Uploading Date           09.02.2026
Transmission Date            NA


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