Patna High Court
Khushboo KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The rejection order is set aside and the authorities are directed to reconsider the compassionate appointment claim in conformity with the Full Bench ratio in LPA No.1305 of 2013.
Summary
The petitioner, Khushboo Kumari, daughter of a deceased government employee, filed a writ petition seeking a compassionate appointment under the education department’s rules. She claimed to be a legitimate child and had obtained consent from the deceased’s first wife, but her application was rejected on the ground that the consent document was not attached. The State argued that the lack of the consent document justified the rejection. The Court examined the Full Bench decision in Letters Patent Appeal No.1305 of 2013, which laid down the procedure for compassionate appointments, and held that the rejection was unduly callous and contrary to that ratio. Consequently, the Court set aside the rejection order and directed the authorities to reconsider the petitioner's claim in accordance with the Full Bench precedent within eight weeks. The writ petition was allowed.
Issues considered
- Whether the rejection of the petitioner's compassionate appointment claim violates the ratio laid down in LPA No.1305 of 2013.
- Whether the absence of the first wife's consent document is a fatal procedural defect.
- Whether the authorities must reconsider the application in line with the Full Bench decision.
Subjects
- compassionate appointment
- writ jurisdiction
- full bench precedent
- education department
- procedural formalities
- succession rights
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2384 of 2026
======================================================
Khushboo Kumari D/o- Late Virandra Kumar Roy @ Virendar Kumar Rao,
Resident of Jagarnathpur, Post- Jagarnathpur, Police Station- Gopalpur,
District- West Champaran, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Government of Bihar, Patna.
2. The Director Secondary Education, Patna, Bihar.
3. District Compassionate Appointment Committee, West Champaran, Bihar.
4. The District Magistrate-cum-Chairman, District Compassionate
Appointment Committee West Champaran, Bihar.
5. District Education Officer, Bettiah, West Champaran, Bihar.
6. District Programme Officer Establishment, Department of Education,
Bettiah, West Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rishabh Mishra
For the Respondent/s : Mr. Jai Prabhat Kishore, AC to SC-13
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and
learned counsel for the State.
2. The instant writ application has been filed for the
following reliefs:-
(i) To consider the claim of the petitioner
(daughter of second wife) for compassionate
appointment as her father namely, Virendra Kumar
Rao has died in harness on 22.06.2015.
(ii) To direct the respondents to
reconsider the application for compassionate
appointment of the petitioner as per law laid down
in Letters Patent Appeal No.1305 of 2013 and
similar cases.
Patna High Court CWJC No.2384 of 2026(2) dt.12-02-2026
2/3
(iii) Any other relief(s) to which the
petitioner is found entitled to.
3. Learned counsel for the petitioner submits that,
contrary to the ratio laid down by the Hon’ble Full Bench in
LPA No. 1305 of 2013, the claim of the petitioner, being the
legitimate child of the deceased employee, has been rejected by
the order contained in Annexure-P/4. The reasons assigned do
not take into consideration the ratio laid down by the Hon’ble
Full Bench in the aforesaid case, which has been referred to by
the learned counsel for the petitioner.
4. It is further submitted that the petitioner filed an
application for compassionate appointment after obtaining the
consent of the first wife of the deceased employee, and she has
undertaken to take care of her.
5. On the other hand, learned counsel for the State,
referring to the impugned order, submits that the Compassionate
Appointment Committee rejected the petitioner’s claim on the
ground that the consent of the first wife of the deceased
employee was not found enclosed with the application.
6. Considering that these are legal formalities
intended to facilitate the authorities in carrying out the
procedure for appointment on compassionate grounds, which
Patna High Court CWJC No.2384 of 2026(2) dt.12-02-2026
3/3
can always be complied with by securing the presence of all
concerned, this Court is of the view that the grounds stipulated
in the order of rejection reflect an unduly callous approach in
such sensitive matters. Therefore, in light of the ratio laid down
by the Hon’ble Full Bench, this Court finds it appropriate to set
aside the rejection order passed by the District Education
Officer, Bettiah, West Champaran in respect of the petitioner’s
claim for compassionate appointment. The authorities are at
liberty to obtain all requisite documents by securing the
presence of all concerned, if so required, and to pass appropriate
orders strictly in consonance with the ratio laid down by the
Hon’ble Full Bench in LPA No. 1305 of 2013 on the issue of
appointment, within a period of eight weeks from the date of
receipt/production of a copy of this order.
7. With the aforesaid observations and directions, this
writ application stands allowed.
(Ajit Kumar, J)
shikha/-
U
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