Created by Fuzzy Cloud

Patna High Court

Shubham KumarversusThe State Of Bihar and Ors

Decided
Disposal
DISMISSED

Holding

The court held that the District Compassionate Committee’s order was not illegal and therefore the petition was dismissed.

Summary

The petitioner, Shubham Kumar, sought appointment on compassionate ground after his father, a Block Agriculture Officer, died in service. He filed a writ petition challenging the District Compassionate Committee’s rejection of his application, which was based on the fact that his elder brother was already employed as a government teacher. The petitioner argued that his brother’s employment was unrelated and that his mother had sworn an affidavit in his favour. The respondents contended that the Committee acted in accordance with a Government Circular dated 19‑11‑2014, which bars appointment when a close relative is already in government service. After examining the facts, the court found no illegality in the Committee’s decision and dismissed the writ petition.

Issues considered

  • Whether the District Compassionate Committee’s rejection of the petitioner's compassionate appointment on the ground of his brother’s government employment is legally valid.
  • Whether the Government Circular dated 19.11.2014 provides a lawful basis to deny the petitioner's appointment.
  • Whether a writ of certiorari or mandamus can be issued to compel the appointment.

Subjects

  • compassionate appointment
  • writ of certiorari
  • writ of mandamus
  • District Compassionate Committee
  • government service eligibility
  • government circular

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.2024 of 2017
                 ======================================================
                 Shubham Kumar Son of Late Abhay Kumar Roy, resident of village - Kadwa,
                 Post Modiha, Police Station - Nokha, District - Rohtas at Sasaram

                                                                    ... ... Petitioner/s
                                                   Versus
           1.    The State Of Bihar through the Principal Secretary, Department of
                 Agriculture, Government of Bihar, Patna.
           2.    The District Compassionate Committee, East Champaran, Motihari through
                 the Collector, East Champara
           3.    District Agriculture Officer, East Champaran, Motihari
           4.    Block Development officer, Chhoradano, East Champaran, Motihari

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Jeetendra Narayan, Advocate
                 For the Respondent/s   :        Mr. Sarvesh Kr.Singh, AAG-13
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

5   19-01-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the respondents.

                               2. The petitioner has filed the instant application for

                   the following relief(s) :

                                                “i) for issuance of a writ of certiorari
                                   quashing the order of the respondent no.2
                                   communicated through memo no. 194 dated
                                   9.3.2016,at serial no.28, whereby and where
                                   under, the claim of the petitioner for his
                                   appointment on compassionate ground has been
                                   rejected;
                                                (ii) for issuance of a writ of mandamus
                                   directing the respondents to appoint the petitioner
                                   on       compassionate     ground     to    any   post
                                   commensurate with his qualification;
Patna High Court CWJC No.2024 of 2017(5) dt.19-01-2026
                                            2/4




                                       (iii) for any other relief or reliefs to
                           which the petitioner may be deemed entitled, may
                           be granted to him.”


                      3. The case of the petitioner in brief is that the father

          of the petitioner who was working as a Block Agriculture

          Officer and was posted in Chhoradano Block, after prolonged

          illness, died in harness on 28.8.2012 leaving behind his widow,

          two sons including the petitioner herein and a daughter. It is the

          case of the petitioner that his mother being old did not opt for

          appointment on compassionate ground but has sworn an

          affidavit in favour of the petitioner getting an appointment.

                      4. The petitioner applied for appointment on

          compassionate ground which came to be rejected by the District

          Compassionate Committee in its meeting held on 17.2.2016.

          The order dated 9.3.2016 has been brought on record as

          Annexure-4 to the writ application.

                      5. Learned counsel for the petitioner submits that the

          reason for rejection of the petitioner’s application is the

          employment of his brother. It is submitted that while his brother

          is engaged temporarily on contract as a teacher, it is the

          categorical case of the petitioner that the said brother is separate

          and has no connection with the petitioner and his mother. It is

          further submitted that even the said brother has sworn an
Patna High Court CWJC No.2024 of 2017(5) dt.19-01-2026
                                            3/4




          affidavit that he does not have any objection in case the

          petitioner is appointed on compassionate ground. Hence the

          instant writ application.

                      6. The application is opposed by learned counsel for

          the respondents. It is submitted that the application of the

          petitioner came to be considered by the District Compassionate

          Committee which taking into consideration the fact of the elder

          brother of the petitioner being gainfully employed in

          Government service as a teacher, rejected the petitioner’s

          application. It is stated that the same was done in view of the

          Government Circular dated 19.11.2014 of the General

          Administration Department. The petitioner has not made out a

          case for allowing the writ application and as such the same be

          dismissed.

                      7. Heard learned counsel for the parties and perused

          the material on record.

                      8. The facts in brief are that on the death of the father

          of the petitioner who was working as a Block Agriculture

          Officer on 28.8.2012 in harness, the petitioner filed an

          application for appointment on compassionate ground. On

          perusal of the contents of the order/decision of the District

          Compassionate Committee, it transpires that the case of the
         Patna High Court CWJC No.2024 of 2017(5) dt.19-01-2026
                                                     4/4




                   petitioner came to be considered by the Committee who rejected

                   the same on ground of the full brother of the petitioner being

                   gainfully employed in Government service being a teacher in

                   school.

                               9. In view of the facts of the case, the fact of the

                   petitioner’s brother being a teacher in a Government school not

                   having been denied by the petitioner, the Court finds no

                   illegality in the order of the District Compassionate Committee.

                               10. The application is dismissed.



                                              (Partha Sarthy, J)
Shiv/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.