Patna High Court
Rashmi JhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The court directed the Institute to decide the petitioner's compassionate appointment claim within six weeks and disposed of the writ petition.
Summary
The petitioner, Rashmi Jha, filed a writ petition seeking a mandamus directing the Director and Registrar of Lalit Narayan Mishra Institute to appoint her on compassionate grounds after her father's death while employed as a full‑time teacher. She alleged that her father's death in 2015 left the family financially dependent and that her application for compassionate appointment filed in 2016 had not been considered, causing hardship. The Institute contended that the matter was pending before it and should be decided within a timeline set by the court, while the State of Bihar claimed no role in the matter. The Court held that the Institute must adjudicate the petitioner's claim without undue delay and ordered the Director to complete the appointment process within six weeks and communicate the order to the petitioner. Consequently, the writ petition was disposed of after the direction was issued.
Issues considered
- Whether the court can issue a mandamus directing the Institute to appoint the petitioner on compassionate grounds and set a time‑limit for adjudication.
Subjects
- compassionate appointment
- mandamus
- administrative delay
- employment grievance
- writ petition
- non‑teaching staff
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2231 of 2026
======================================================
1. Rashmi Jha D/O- Late Ranjan Kumar Jha, R/O- Flat no.501, Shiva Enclave,
TN Path, Chandmari Road, P.S-Kankarbag, District-Patna, Presently resides
at- A-95, Jagat Amravati Apartment, Opp- Bihar Museum, Behind Officers
Flat, Bailey Road, P.S- Kotwali, District- Patna.
2. Rashmi Jha Late Ranjan Kumar Jha RO Flat no 501 PS Kankarbagh dist
patna
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Government of
Bihar, Patna.
3. The Vice-Chancellor, Aryabhatta Knowledge University, Mithapur, Patna
4. The Registrar, Aryabhatta Knowledge University, Mithapur, Patna
5. The Director, Lalit Narayan Mishra Institute of Economic Development and
Social Change, 01Nehru Marg, Patna
6. The Registrar, Lalit Narayan Mishra Institute of Economic Development and
Social Change, 01Nehru Marg, Patna
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lovely Kumari, Advocate
Mr. Sanjay Kumar, Advocate
For the Respondent/s : Mr. Prashant Pratap, GP (2)
Mr. Vipin Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner, learned
counsel for the State and learned counsel for the Lalit Narayan
Mishra Institute of Economic Development and Social Change.
2. The writ petition has been filed for the following
reliefs :-
(i) For issuance of writ in nature of
mandamus directing the respondents specially
Patna High Court CWJC No.2231 of 2026(2) dt.10-02-2026
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Respondent no.5&6 to appoint the petitioner on
compassionate ground in place of his father who
died in harness on 09.08.2015 while working as
Non-Teaching Staff in Lalit Narayan Mishra
Institute of Economic Development & Social
Change, Patna.
(ii) For any other relief/reliefs for which the
petitioner is entitled for and for any other
appropriate order/orders deemed fit in the interest
of justice.
3. Learned counsel for the petitioner submits that
father of the petitioner was engaged as full time teacher,
teaching MBA students in the said Institute, and is said to have
died on 09.08.2015 due to renal failure followed by cardiac
arrest, leaving behind his wife, two sons and one daughter, who
were financially dependent on the deceased employee. It has
next been submitted that the petitioner, being the daughter of the
deceased employee, has filed the said application for
appointment on compassionate ground in the year 2016 itself
but for the reasons best known to the authorities, the same has
not been considered till date and the family of the deceased
employee are facing financial hardships.
4. On the other hand, learned counsel representing the
Institute (respondent Nos.5 and 6) submits that since the application
has already been filed by the petitioner seeking compassionate
appointment, therefore, appropriate directions may be issued to
Patna High Court CWJC No.2231 of 2026(2) dt.10-02-2026
3/3
the concerned authorities, to adjudicate the same within the
time-line specified by this Court.
5. Learned counsel for the State submits that the entire
exercise is to be carried out by the Institute itself but presently,
they have no role to play in the said case.
6. Considering the submissions of the parties, the
authorities of the Institute should take a call in deciding the
application filed for compassionate appointment without any
inordinate delay and accordingly, the respondent No.5, The
Director, Lalit Narayan Mishra Institute of Economic
Development and Social Change, is directed to adjudicate the
claim of this petitioner for appointment on compassionate
ground within a period of six weeks from today by completing
all the formalities, which is required to be carried out in such
matters and necessary orders so passed shall be communicated
to this petitioner within the same time, after adjudicating the
grievances of this petitioner, keeping in row the fact that delay
would objectively frustrate the whole purpose of the scheme.
7. Accordingly, the writ petition stands disposed of.
(Ajit Kumar, J)
sharun/-
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