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Patna High Court

Sanjay Kumar SrivastavaversusThe State Of Bihar and Ors

Decided
Disposal
DISMISSED

Holding

The petition is dismissed as the claim for compassionate appointment is time‑barred and barred by laches.

Summary

The petitioner, Sanjay Kumar Srivastava, sought a compassionate appointment after his father, a government employee, died in harness in 1988. He filed applications in 1990 and 1992, which were rejected on grounds of minority and limitation, respectively, and he only learned of these rejections in 2013 via an RTI request. The petitioner argued the applications were timely and sought a quashing of the Committee's decisions and a fresh appointment. The State contended the applications were time‑barred and the petitioner’s claim was hopelessly delayed. Relying on Supreme Court precedents emphasizing that compassionate appointments are intended to provide immediate relief and cannot be claimed after a reasonable period, the Court held that the petition was barred by limitation and laches. Consequently, the writ petition was dismissed.

Issues considered

  • Whether the petitioner's claim for compassionate appointment is barred by limitation and laches.
  • Whether a compassionate appointment can be granted after a long lapse of time.
  • Whether the decision of the District Compassionate Appointment Committee can be quashed.
  • Whether the petitioner is entitled to appointment under constitutional principles of equality.

Legislation cited

Subjects

  • compassionate appointment
  • limitation
  • laches
  • right to information
  • dependent of deceased employee
  • administrative law
  • constitutional law
  • Article 14
  • Article 16

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.20429 of 2013
     ======================================================
     Sanjay Kumar Srivastava Son Of Late Surendra Kumar Srivastava Resident
     Of Village- Koithwali, Police Station- Mairwan In The District Of Siwan

                                                        ... ... Petitioner/s
                                  Versus
1.   The State Of Bihar through the Secretary, Co-operative Department,
     Government Of Bihar, Patna
2.   The Secretary, Co-Operative Department, Government Of Bihar, Patna
3.   The District Compassionate Appointment Committee, Gopalganj Through
     Its Chairman
4.   The District Magistrate Co-Operative Officer, Gopalganj
5.   The District Co-Operative Officer, Gopalganj
6.   The Assistant Registrar, Co-Operative, Gopalganj

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :           Mr. Sunil Kumar, Advocate
     For the Respondent/s   :           Mr. Rajendra Kr. Jha, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
     ORAL JUDGMENT
      Date : 07-04-2026
               Heard the parties.

                  2. The present writ petition has been filed for the

      following reliefs:

                                                “(i) For quashing the decision dated
                                12.8.1999 of District Compassionate Appointment
                                Committee, Gopalganj, only to extend whereby
                                claim      of     the    petitioner    for    compassionate
                                appointment has been rejected on limitation ground
                                only.
                                                (ii) Also for directing the respondents to
                                consider        the     case   of     the    petitioner   for
                                Compassionate Appointment, as his father namely
                                Surendra Kumar Srivastava died in harness on
                                21.11.1988, while posted as Senior Co-operative
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                                 Extension Officer in the office of Assistant
                                 Registrar, Gopalganj.”
                     (3) The brief facts, giving rise to the present writ

         petition, are that the father of the petitioner died in harness on

         21.11.1988, while he was posted as Senior Co-operative Extension

         Officer in the office of Assistant Registrar, Gopalganj. After death

         of his father, the petitioner submitted an application for his

         appointment on compassionate ground on 15.01.1990. It is the

         case of the petitioner that no decision was communicated to the

         petitioner, pursuant to his application dated 15.01.1990, although

         he applied within the period of five years. When no

         communication was being provided to the petitioner with regard to

         his application, he filed an application under the Right to

         Information Act, with regard to the action taken on his application

         by    the    Compassionate        Appointment    Committee/competent

         authority, then he was communicated vide Letter No.1094, dated

         03.08.2013 that the claim for compassionate appointment of the

         petitioner was rejected on 11.12.1995 on the ground of he being

         minor on the date of application and his second application, which

         the petitioner is said to have filed on 25.02.1992 was rejected on

         11.11.1996 on the ground that it was beyond the limitation period.

                     (4) The learned counsel for the petitioner submits that

         neither the minutes of the meeting dated 11.12.1995 or 11.11.1996

         of the District Compassionate Appointment Committee, Gopalganj
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         was communicated to the petitioner nor any communication in this

         regard was made to the petitioner, then he approached for

         providing the copy of the minutes of the meeting of District

         Compassionate Appointment Committee, Gopalganj. Finally, the

         petitioner was provided with a minutes of the meeting dated

         12.08.1999       of     the   District        Compassionate    Appointment

         Committee, Gopalganj. It was further contended that none of the

         orders were ever provided to the petitioner a nd, therefore, when

         he came to know about the decisions dated 11.12.1995, 11.11.1996

         and 12.08.1999, in the year 2013, then he approached this Court

         by filing the present writ petition. The learned counsel for the

         petitioner submits that his application for compassionate

         appointment was well within time and although he was a minor at

         the time of death of his father, but later on when he became major

         he again submitted an application before the competent authority

         but the same was rejected on erroneous ground, therefore,

         direction be issued to the respondent authorities to appoint the

         petitioner on compassionate ground.

                     (5) Per contra, the learned counsel for the Respondent-

         State submits that at the time of death of the late father of the

         petitioner, he was a minor, therefore, his application was rejected

         by    the    District     Compassionate          Appointment    Committee,

         Gopalganj on 11.12.1995. He again submitted an application for
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         appointment on compassionate ground, after attaining the age of

         majority, but the said application was rejected by the District

         Compassionate Appointment Committee on 03.08.1999 on the

         ground that since his earlier application has been rejected,

         therefore, the second application is again rejected. Again the

         matter with regard to appointment of the petitioner on

         compassionate ground was submitted/placed before the District

         Compassionate Appointment Committee, Gopalganj in its meeting

         dated 01.06.2000, but the representation of the petitioner was

         rejected, since it was found that the matter is time barred and the

         said order was also communicated to the petitioner. The learned

         counsel appearing on behalf of the Respondent-State further

         submits that the application of the petitioner for being appointed

         on compassionate ground is hopelessly time barred and is fit to be

         dismissed on the ground of delay and laches.

                     (6) Having heard the learned counsel for the parties and

         after going through the documents available on record, it is an

         admitted fact that the father of the petitioner died in harness on

         21.11.1988 and at the relevant time, the petitioner was a minor,

         even then he submitted his application for being appointed on

         compassionate ground which was rejected by the authorities

         concerned. After attaining the age of majority, he again submitted

         an application for being appointed on compassionate ground, but
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         the same was also rejected on the ground that his earlier

         application has already been rejected. Now, after almost 38 years

         of the death of the father of the petitioner, the case of the petitioner

         for being appointed on compassionate ground is fit to be rejected

         in view of different pronouncements of the Hon’ble Supreme

         Court of India. The Hon’ble Supreme Court of India in the case of

         Jagdish Prasad Versus State of Bihar and Another reported in

         (1996) 1 SCC 301, in paragraph no.3 has held that “the very

         object of appointment of a dependent of the deceased employee

         who die in harness is to relieve unexpected immediate hardship

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

         member of the family. Since the death occurred way back in 1971,

         in which year the appellant was four years old, it cannot be said

         that he is entitled to be appointed after he attained majority long

         thereafter. In other words, if that contention is accepted, it

         amounts to another mode of recruitment of the dependent of a

         deceased government servant which cannot be encouraged, de

         hors the recruitment rules.”

                     7. The Hon’ble Supreme Court of India in the case of

         Umesh Kumar Nagpal Versus State of Haryana and Others

         reported in (1994) 4 SCC 138, in paragraph no.6 has held as

         follows:-

                                             “6.   For   these   very   reasons,   the
                                 compassionate employment cannot be granted after
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                                 a lapse of a reasonable period which must be
                                 specified in the rules. The consideration for such
                                 employment is not a vested right which can be
                                 exercised at any time in future. The object being to
                                 enable the family to get over the financial crisis
                                 which it faces at the time of the death of the sole
                                 breadwinner, the compassionate employment cannot
                                 be claimed and offered whatever the lapse of time
                                 and after the crisis is over””
                     8. The Hon’ble Supreme Court of India in the case of

         Local Administration Department and Another versus M.

         Selvanayagam @ Kumaravelu reported in (2011) 13 SCC 42, in

         paragraph no.11 has held as follows:-

                                             “11. It has been said a number of times
                                 earlier but it needs to be recalled here that under
                                 the scheme of compassionate appointment, in case
                                 of an employee dying in harness one of his eligible
                                 dependants is given a job with the sole objective to
                                 provide immediate succour to the family which may
                                 suddenly find itself in dire straits as a result of the
                                 death of the breadwinner. An appointment made
                                 many years after the death of the employee or
                                 without due consideration of the financial resources
                                 available to his/her dependants and the financial
                                 deprivation caused to the dependants as a result of
                                 his death, simply because the claimant happened to
                                 be one of the dependants of the deceased employee
                                 would be directly in conflict with Articles 14 and 16
                                 of the Constitution and hence, quite bad and illegal.
                                 In    dealing    with   cases     of   compassionate
                                 appointment, it is imperative to keep this vital
                                 aspect in mind.”
                     9. Even this Court, based on the consideration of the
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                      Hon’ble Supreme Court of India in the case of Jagdish Prasad

                      (supra), vide its judgment dated 09.02.2026 passed in C.W.J.C.

                      No. 5750 of 2022 (Janki Ballabh Versus the State of Bihar and

                      Ors.) and judgment dated 30.03.2026, passed in C.W.J.C. No.4723

                      of 2026 (Aashish Kumar vs. Union of India & Ors.), has

                      proceeded to reject the claim of the petitioner on the ground of

                      delay and laches.

                                  10. Accordingly, I find no merit in the present writ

                      petition and the same is dismissed.

                                  11. Pending application, if any, shall also stand disposed

                      of.


                                                  (Ritesh Kumar, J.)


Sanjay/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          08.04.2026
Transmission Date       NA


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