Patna High Court
Shambhu PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The Court granted the writ of mandamus, directing the Executive Engineer to forward the application within two weeks and the Compassionate Appointment Committee to decide within two months.
Summary
Shambhu Paswan filed a writ petition seeking a mandamus directing the Executive Engineer of the Road Construction Department, Sherghati, to forward his application for a compassionate appointment—filed after his father's death in service—to the Compassionate Appointment Committee. The petition alleged that more than fourteen months had elapsed without any decision on his application. The High Court held that the delay was unreasonable and ordered the Executive Engineer to forward the application within two weeks of the order. It further directed the Compassionate Appointment Committee to consider the application within two months of receipt and communicate its decision. The writ petition was disposed with these directions.
Issues considered
- Whether the Executive Engineer is obligated to forward the petitioner's compassionate appointment application to the Compassionate Appointment Committee within a reasonable time.
- Whether a writ of mandamus can be issued to compel the forwarding and timely consideration of the application.
Subjects
- compassionate appointment
- mandamus
- administrative delay
- public service
- right to appointment
- death of employee
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1938 of 2026
======================================================
Shambhu Paswan Son of Late Krishna Paswan, Resident of Village- Masaurhi
Dih, Ward No.10, Police Station- Masaurhi, District- Patna, Pin Code-
804452.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Secretary, Road Construction
Department, Government of Bihar, Patna.
2. The Additional Secretary, Road Construction Department, Government of
Bihar, Patna.
3. The Compassionate Appointment Committee, through its Chairman-cum-
District Magistrate, Gaya, District- Gaya.
4. The District Magistrate-cum-Chairman of Compassionate Appointment
Committee, Gaya, District- Gaya.
5. The Chief Engineer (South), Road Construction Department, Bihar, Patna.
6. The Superintending Engineer (South), Road Construction Department,
Magadh Road Circle, Gaya.
7. The Executive Engineer, Road Construction Department, Sherghati, Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gopal Govind Mishra, Advocate
For the Respondent/s : Government Advocate (08)
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 09-02-2026 Heard learned counsel for the parties.
2. The petitioner has filed the instant application for
the following relief (s) :-
“1. (i) For issuance of writ in the nature of
Mandamus for commanding the respondent
authorities / Executive Engineer, Road
Construction Department, Sherghati, Gaya
respondent No. 6 to send the application of
petitioner for compassionate appointment dated
23.10.2024 to the Compassionate Appointment
Patna High Court CWJC No.1938 of 2026(2) dt.09-02-2026
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Committee under the Chairman of District
Magistrate, Gaya in accordance with law in the
interest of justice.
(ii) For further direction to the respondent
authorities / Compassionate Appointment
Committee to consider the application of the
petitioner in its first meeting in accordance with
law in the interest of justice.
(iii) For any other relief/reliefs admissible under
the law in the light of factual profile of this case
in the interest of Justice.”
3. It is the case of the petitioner that his father who
was working on the post of Peon in the office of the Executive
Engineer, Sherghati in the District of Gaya having died in
harness on 1.4.2023, the petitioner filed a representation
followed by an application for his appointment on
compassionate ground on 30.9.2024.
4. Inspite of more than a year and four months having
passed since filing of his application, the respondents have still
not decided his application nor any order of appointment has
been communicated to him. As such the writ application.
5. In view of the facts and circumstances of the case,
the instant writ application stands disposed of with a direction to
the Executive Engineer, Road Construction Department,
Sherghati, Gaya (respondent no. 7) to immediately forward the
Patna High Court CWJC No.1938 of 2026(2) dt.09-02-2026
3/3
application of the petitioner for compassionate appointment
within two weeks of the receipt of a copy of this order to the
District Magistrate- cum- Chairman of Compassionate
Appointment Committee, Gaya (respondent no.4).
6. The Compassionate Committee shall decide upon
the application of the petitioner within a period of two months
from the date of its receipt and communicate its decision to the
petitioner within the aforesaid period.
7. The writ application stands disposed of.
(Partha Sarthy, J)
Shiv/-
U
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