Patna High Court
Kanchan KumariversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- PARTHA SARTHY
Holding
The writ petition is dismissed as withdrawn.
Summary
Kanchan Kumari filed a writ petition seeking a compassionate appointment after her mother's death, alleging that the rejection of her claim was arbitrary and violated her fundamental rights. She requested a writ of certiorari to quash the earlier order and a writ of mandamus directing the respondents to appoint her. The respondents contended that a similar petition had been dismissed in CWJC No.20154 of 2019 and that the petitioner had suppressed this fact. The petitioner argued that the earlier case was mentioned in the present application and sought to withdraw the current petition. The court, noting the petitioner's request for withdrawal and finding no merit in imposing costs, dismissed the application as withdrawn.
Issues considered
- Whether the present writ petition is barred by the earlier dismissal in CWJC No.20154 of 2019.
- Whether the petitioner is entitled to withdraw the writ petition at this stage.
- Whether the respondents' refusal to appoint the petitioner on compassionate grounds violates any statutory or constitutional rights.
Subjects
- compassionate appointment
- writ of certiorari
- writ of mandamus
- withdrawal of petition
- administrative law
- fundamental rights
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3268 of 2026
======================================================
Kanchan Kumari, Daughter of Late Suresh Prasad Singh (father) and Late
Gayatri Devi (mother), Resident of Village and P.S.- Darihat, District- Rohtas
at Sasaram.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Energy,
Government of Bihar, Patna.
2. The Chairman-cum-Managing Director, Bihar State Power (Holding)
Company Limited, Vidyut Bhawan, Patna.
3. The Managing Director, South Bihar Power Distribution Company Limited
(hereinafter referred as SBPDCL), Vidyut Bhawan, Patna.
4. The General Manager (HQ/Administration), South Bihar Power Distribution
Company Limited, Vidyut Bhawan, Patna.
5. The Deputy General Manager (HQ/Administration), South Bihar Power
Distribution Company Limited, Vidyut Bhawan, Patna.
6. The Electrical Superintending Engineer (Project), Electric Supply Circle, 8,
Daroga Rai Path, South Bihar Power Distribution Company Limited Vidyut
Bhawan, Patna.
7. The Electrical Executive Engineer (Project), Electrical Supply Division,
South Bihar Power Distribution Company Limited, Nawada.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner : Dr. Kislay, Advocate
For the State : Mr. Dhurjati Kumar Prasad, GP-14
For the SBPDCL : Mr. Kunal Tiwary, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 10-03-2026 Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The petitioner has filed the instant application for
the following reliefs :-
“i. For issuance of appropriate writ
or writs / order or orders /direction or directions
in the nature of "Writ of Certiorari" for
Patna High Court CWJC No.3268 of 2026(2) dt.10-03-2026
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quashing/ setting aside the order contained in
Letter No. 176 dated 04.07.2019 issued under
the signature of Executive Electrical Engineer,
Electrical Project Division, Nawada whereby
and where under the claim of the petitioner for
his appointment on compassionate ground has
been rejected as not considerable without
following the facts and circumstances of the
case.
ii. For issuance of appropriate writ or
writs / order or orders /direction or directions in
the nature of "Writ of Mandamus" commanding
and directing the Respondents to consider the
claim of the petitioner for her appointment on
compassionate ground and to appoint her to
earliest fixing a reasonable time frame on
appropriate post as the mother of the petitioner
died on 12.01.2018 in harness.
iii. For issuance of appropriate
declaration that the action of the respondents
concerned in not appointing the petitioner on a
suitable post under compassionate ground in
question is highly illegal, arbitrary, malicious
and tentamounting to violation of the
Fundamental Rights, Human Rights and Natural
Rights of the petitioner in the facts and
circumstances of the case.
iv. For any other relief or reliefs if the
petitioner is found entitled for;”
3. At the outset, learned counsel appearing for the
respondent-Bihar State Power Holding Company Limited
Patna High Court CWJC No.3268 of 2026(2) dt.10-03-2026
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(respondent nos.2 to 7) submits that the petitioner moved this
Court earlier for the identical relief vide CWJC no.20154 of
2019, which dismissed vide order dated 19.11.2019. Learned
counsel submits that having suppressed the said fact vide his
statement in paragraph no.32 of the writ application, the
petitioner has moved this Court for the same relief vide this
application once again.
4. In response, learned counsel for the petitioner
submits that there is no suppression insofar as there is mention
of the aforesaid CWJC no.20154 of 2019 in paragraph no.10 of
the writ application.
5. After some argument, learned counsel for the
petitioner seeks permission to withdraw this application.
6. In view of the fact that learned counsel for the
petitioner seeks permission to withdraw the application, no cost
is being imposed.
7. The application is dismissed as withdrawn.
(Partha Sarthy, J)
avinash/-
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