Patna High Court
Shubham KumarversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISSED
- Bench
- PARTHA SARTHY
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
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(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
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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
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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
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