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Patna High Court

Kanchan KumariversusThe State of Bihar

Decided
Disposal
WITHDRAWN

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The writ petition is dismissed as withdrawn.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noting the petitioner's request for withdrawal and finding no merit in imposing costs, dismissed the application as withdrawn.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
                                            2/3




                             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
                                                        3/3




                      (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/-

U


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