Patna High Court
Tetari DeviversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- HARISH KUMAR
Holding
The petition is dismissed; the petitioners have no right to a compassionate appointment.
Summary
Tetari Devi, the widow of a missing Chowkidar, and his adopted son Jagdish Kumar filed a writ petition seeking a compassionate appointment as Chowkidar in place of the deceased, alleging they have been denied benefits since the Chowkidar vanished in 2009. The respondents argued that such an appointment is not a vested right, especially after a seventeen‑year delay, and cited the Devmuni Paswan decision which held the provision for dependent nomination ultra vires, a view affirmed by the Supreme Court. The court examined the factual background, the statutory scheme, and the precedent, concluding that the petitioners could not claim a right to appointment after such a long lapse and that the legal provision relied upon was invalid. Consequently, the petition was dismissed for lack of merit. The order underscores that compassionate appointments are subject to statutory limits and prescription.
Issues considered
- Whether the petitioners are entitled to a compassionate appointment as Chowkidar after a seventeen‑year lapse.
- Whether the rule allowing a dependent to be nominated for appointment is ultra vires and enforceable.
- Whether the doctrine of prescription bars the claim for appointment and related benefits.
Subjects
- compassionate appointment
- writ of mandamus
- prescription
- ultra vires
- police personnel
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20728 of 2025
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1. Tetari Devi Wife of Late Janak Mahto, resident of Ward No. 2, Amwa
Majhar, P.S. and District-West Champaran (Bettiah).
2. Jagdish Kumar, adopted son of Late Janak Mahto, resident of Ward No. 2,
Amwa Majhar, P.S. and District-West Champaran (Bettiah).
... ... Petitioner/s
Versus
1. The State of Bihar through the District Magistrate, West Champaran.
2. The District Magistrate, West Champaran at Bettiah.
3. The Superintendent of Police, West Champaran at Bettiah.
4. The Inspector cum Station House Officer, Bettiah Mufassil P.S. at Bettiah.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar, Adv.
For the Respondent/s : Mrs. Archana Meenakshee, GP-6
Mr. Rana Veer Prawar, AC to GP-6
Mr. Harish Singh, AC to GP-6
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 27-02-2026 Heard learned Advocate for the respective parties.
2. The petitioners have invoked the jurisdiction of this
Court seeking the following reliefs :-
“(i) For the issuance of a writ of
Mandamus, and/or any other
appropriate writ/direction/order
commanding the respondents to give
compassionate appointment to the
petitioner no. 2 on the post of
Chowkidar in Bettiah Mufassil P.S. in
place of Late Janak Mahto,
Chowkidar who has remained
untraceable since 15.8.2009, with all
consequential benefits.”
3. Learned Advocate for the petitioner submitted that
Patna High Court CWJC No.20728 of 2025(2) dt.27-02-2026
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the petitioner no. 1 is the hapless widow of the erstwhile
Chowkidar, who was duly appointed in the year 1990 and on the
fateful day of 15.08.2009, he left the home to report for his duty
at Bettiah Mufassil Police Station, but since then he is found
traceless. This incidence, led to institution of a Sanha bearing
No. 205 of 2009 with the Bettiah Mufassil Police Station.
Notwithstanding the efforts made by the family members and
the administration, till date, the whereabout of the erstwhile
Chowkidar could not be traced out. The petitioners have also
neither received any monetary benefits nor compassionate
appointment. The petitioner no. 2 is said to be the adopted son
of the erstwhile Chowkidar and in the aforesaid premise, a claim
for compassionate appointment has been made before the
authorities, but to no response; hence the present writ petition.
4. Ms. Archana Meenakshee, learned Government
Pleader No. 6 while opposing the prayer made in the writ
petition has contended that the compassionate appointment is
not a vested right that can be claimed at any time after passage
of significant period when the crisis is over. In the case at hand
the erstwhile Chowkidar had gone missing in the year 2009 and
the present writ petition has been filed after seventeen years.
Moreover, the prescription which allowed a retiring Chowkidar
Patna High Court CWJC No.20728 of 2025(2) dt.27-02-2026
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to nominate the dependent for appointment in his place was
challenged before the learned Division Bench in the case of
Devmuni Paswan vs. The State of Bihar & Ors. reported in
2023 (2) PLJR 425 and the same has been declared ultravires.
The order of the learned Division Bench was put to question
before the Hon’ble Supreme Court, and such challenge has also
been turned down; accordingly the order of the learned Division
Bench stood affirmed.
5. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the fact that the erstwhile Chowkidar has gone missing since
2009 and this writ petition has been filed belatedly after
seventeen years, besides the position of law as discussed
hereinabove, this Court does not find any merit in the present
writ petition.
6. Accordingly, the present writ petition stands
dismissed.
(Harish Kumar, J)
supratim/-
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