Patna High Court
Harshit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ANSHUMAN
Holding
The 2019 circular does not apply retrospectively; the petitioner’s case must be decided under the 1995 memo.
Summary
The petitioner, Harshit Kumar, filed a writ petition seeking to quash the District Compassionate Appointment Committee's rejection of his application for a compassionate appointment. The Committee rejected his claim on the basis that a 2019 circular (Letter No. 11959) was applicable, whereas the petitioner argued that at the time of his application in 2014, the 1995 memo (Memo No. 2822) governed, which required a filing within five years of the deceased's death—a deadline he met. The court examined whether the 2019 circular could be applied retrospectively to applications filed before its issuance. It held that the circular was prospective and could not affect the petitioner’s case, which must be assessed under the 1995 memo. Consequently, the court set aside the Committee’s order and directed the District Magistrate to reconsider the petitioner's application afresh within six months, allowing the writ petition.
Issues considered
- Whether the 2019 circular (Letter No. 11959) applies retrospectively to compassionate appointment applications filed before its issuance.
- Whether the petitioner’s application filed within the five‑year period under Memo No. 2822 dated 27.04.1995 is valid despite the later circular.
- Whether the rejection by the District Compassionate Appointment Committee can be set aside.
- Whether a writ of mandamus can be issued to compel appointment on compassionate grounds.
Subjects
- compassionate appointment
- writ of mandamus
- circular
- retrospective application
- administrative law
- government instruction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3612 of 2026
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Harshit Kumar Son of Late Dr. Rajen Kumar, Resident of Flat No. 301,
Block-Block, Aparna Complex, Mukhdumpur, Digha, P.S.-Digha, District-
Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary General
Administration Department, Govt. of Bihar.
2. The Additional Chief Secretary, Department of Health, Govt. of Bihar,
Patna.
3. The District Magistrate cum Chairman of District Compassionate
Appointment Committee, District- Darbhanga, Bihar.
4. The Civil Surgeon, District-Darbhanga, Bihar.
5. The Deputy Collector, Establishment, District-Darbhanga.
6. The Medical Officer In-Charge, Primary Health Centre, Hanuman Nagar,
District-Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Respondent/s : Mr. Government Pleader 17
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 17-03-2026
Heard learned Counsel for the petitioner and
learned Counsel for the State.
2. The present writ petition has been filed by the
petitioner for quashing Memo no. 341 dated 12.06.2024,
(Annexure-7) whereby the District Compassionate Committee,
Darbhanga, in its meeting dated 12.06.2024 had rejected the
prayer of the petitioner for compassionate appointment on the
ground that the instruction of the Respondent No. 1 as contained in
Letter No. 11959 dated 30.08.2019 is not applicable in the case of
Patna High Court CWJC No.3612 of 2026 dt.17-03-2026
2/3
the petitioner as the said instruction in vogue from the date of the
notification; whereas the father of the Petitioner died on
13.06.2009. The petitioner further prays for consequential writ of
Mandamus, commanding the Respondent Authorities especially
the respondent No. 3 to appoint the petitioner on compassionate
basis against any post as per his eligibility and in terms of the
instruction of the government as on the date of the death of the
father of the petitioner the instruction of the state government as
contained in Memo no. 2822 dated 27.04.1995 was in vogue, in
which under clause 6 specifically contemplated that application for
compassionate appointment by the dependents of the deceased
employee must be submitted within 5 years from the date of death
of the employee. In the present case, the father of the petitioner
died on 13.06.2009 and the petitioner has made his representation
for compassionate appointment on 03.06.2014 to respondent no. 4,
which was within 5 years.
3. Learned Counsel for the petitioner submits that
the consideration of his application for compassionate appointment
has been rejected by the authorities on the ground that the
petitioner does not fulfill the criteria laid down in the letter issued
by General Administration Department vide Letter No. 6082
dated 15.04.2024. In the light of Circular No.11959 dated
30.08.2019, he submits that petitioner had applied for
Patna High Court CWJC No.3612 of 2026 dt.17-03-2026
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compassionate appointment in the year 2014 and in that very time
the circular contained in Memo No.2822 dated 27.04.1995 was
applicable. He submits that the circular issued by General
Administration Department dated 30.08.2019 shall be applicable
from prospective date not from retrospective date.
4. In response thereof, Counsel for the State
submits that counter affidavit is necessary to be filed and seeks
four weeks time for filing counter affidavit.
5. It transpires to this Court that the contention of
the Counsel for the petitioner is correct that Circular dated
30.08.2019 shall not apply to the petitioner. As such, Annexure-
P/7 dated 12.06.2024 for the petitioner is concerned is hereby set
aside. Respondent No.3, the District Magistrate-cum-Chairman of
District Compassionate Appointment Committee, Darbhanga, is
hereby directed to consider the case of the petitioner in the light of
the circular contained in Memo No.2822 dated 27.04.1995
(Annexure-P/3) afresh at the earliest preferably within six months.
6. Accordingly, the instant writ petition stands
allowed.
(Dr. Anshuman, J)
Mkr./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 18.03.2026
Transmission Date
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