Created by Fuzzy Cloud

Patna High Court

Ranjeet PaswanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The rejection was unlawful as no enquiry into the sibling's employment was made; the order is set aside and the case remitted for fresh consideration.

Summary

The petitioner, Ranjeet Paswan, applied for a compassionate appointment after his father, a government employee, died in service. The District Compassionate Committee rejected his application on the ground that his brother was gainfully employed in a contractual position with the Bihar Police Building Construction Corporation, without conducting any enquiry into the nature or income of that employment. The petitioner challenged the rejection, invoking the Full Bench judgment in Niraj Kumar Mallick v. State of Bihar, which requires an objective assessment of a sibling's employment to determine if it can provide sustenance to dependents. The High Court held that the committee erred by not making such an enquiry and that the rejection was therefore unlawful. Consequently, the court set aside the committee’s recommendation and the subsequent order of the Deputy Collector, and remitted the matter back to the committee for fresh consideration in line with the cited precedent.

Issues considered

  • Whether the rejection of a compassionate appointment on the basis of a sibling's employment, without an enquiry, violates the statutory guidelines.
  • How the term 'gainfully employed' should be interpreted under the State Government policy and the Niraj Kumar Mallick judgment.
  • Whether the District Compassionate Committee acted within its jurisdiction in denying the petitioner's application.

Subjects

  • compassionate appointment
  • gainfully employed
  • writ jurisdiction
  • Article 226
  • government service
  • enquiry
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.4040 of 2024
                 ======================================================
                 Ranjeet Paswan S/o Late Rajballabh Paswan R/o Kazi Bazar, Paswan Toli
                 P.O. and P.S. Hilsa Dist Nalanda Bihar

                                                                                 ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    The District Magistrate, Nalanda, Bihar.
           3.    The District Compassionate Committee, Nalanda through its Chairman, the
                 District Magistrate, Nalanda, Bihar.
           4.    The Superintending Engineer, Minor Irrigation Department, Minor Irrigation
                 Circle, Nalanda.
           5.    The Executive Engineer, Minor Irrigation Department, Minor Irrigation
                 Circle, Nalanda.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :         Mr. Gyan Shankar, Advocate
                                                   Ms. Ankita Roy, Advocate
                 For the Respondent/s    :         Mr. Standing Counsel (4)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

5   31-03-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the respondents.

                                 2. The petitioner has filed the instant application for

                   the following relief(s):

                                             “i. Issuance of a writ, writ(s), order orders
                                 for    quashing     recommendation      of     the   District
                                 Compassionate Committee dated 21.02.2023 so far it
                                 relates to the petitioner, whereby and where under the
                                 case of the petitioner for compassionate appointment
                                 has illegally been rejected without any enquiry on the
                                 non-est ground that the brother of the petitioner is in
                                 government service.
                                             ii. Issuance of a writ, writ(s), order orders
Patna High Court CWJC No.4040 of 2024(5) dt.31-03-2026
                                             2/9




                       for quashing the consequential order bearing memo
                       no- 1116 dated 20.07.2023 issued under the signatures
                       of the Deputy Collector, Establishment, Nalanda
                       where by the decision of the Compassionate
                       Committee rejecting the case of the petitioner for
                       compassionate appointment has been communicated
                       to the petitioner.
                                     iii.   For    commanding   the   respondent
                       District Compassionate Committee to reconsider its
                       decision dated 21.02.2023 and recommend the case of
                       the petitioner for compassionate appointment in view
                       of the fresh Unemployment Certificate contained in
                       memo no-665 dated 11.04.2023 issued by the Circle
                       Officer, Hilasa, Nalanda which certifies that none of
                       the brothers of the petitioners are in Government
                       Service and further the fact that they are living
                       separately.
                                     iv. Issuance of any other writ(s), order(s),
                       or direction(s) as may be deemed fit and proper by
                       this Hon’ble Court.”
                      3. The case of the petitioner in brief is that the father

          of the petitioner who was working as a Tubewell Operator in

          Minor Irrigation Department died in harness on 21.4.2021 due

          to illness. The application for compassionate appointment

          having been filed by the petitioner came to be rejected in the

          meeting of the District Compassionate Committee held on

          21.2.2023 brought on record as Annexure-1 to the writ

          application and the consequential order was communicated by

          the Deputy Collector, Establishment, Nalanda by his letter dated
Patna High Court CWJC No.4040 of 2024(5) dt.31-03-2026
                                            3/9




          20.7.2023 (Annexure-2). It is the rejection of the application

          which has lead to the petitioner for filing the writ application.

                      4. Learned counsel for the petitioner in reference to

          the proceedings of the meeting of the District Compassionate

          Committee submits that the reason for rejection of petitioner’s

          application was the dependent of the deceased Government

          servant being gainfully employed. Referring to Annexure-1, it is

          submitted that reliance has been placed on letter no.1781 dated

          10.5.2010 of the General Administration Department and further

          that no enquiry was conducted with respect to the earnings of

          the petitioner’s brother. Referring to paragraph no.8 of the writ

          petition, it is submitted that the petitioner’s brother was not in

          regular Government service but was a contractual employee in

          the Bihar Police Building Construction Corporation. Learned

          counsel submits that the said statement has not been

          contradicted or contested by the respondents in their counter

          affidavit. Reliance has been placed by the petitioner on the Full

          Bench judgment of this Court in the case of Niraj Kumar

          Mallick vs. The State of Bihar & Ors.; 2018 (2) PLJR 951.

                      5. The application is opposed by learned counsel

          appearing for the respondents who submits that the application

          of the petitioner for his appointment on compassionate ground
Patna High Court CWJC No.4040 of 2024(5) dt.31-03-2026
                                            4/9




          was considered by the District Compassionate Committee and

          the Committee in its meeting held on 21.2.2023 considered the

          application and rightly rejected the same in view of the General

          Administration letter no.1781 dated 10.5.2010. The petitioner

          not denying the fact that his brother is gainfully employed being

          in Government service, there is no merit in the writ application

          and the same be dismissed.

                      6. Heard learned counsel for the parties and perused

          the material on record.

                      7. The relevant facts in brief are that the father of the

          petitioner having died in Government service on 21.4.2021, the

          petitioner filed an application for his appointment on

          compassionate ground. The same came to be rejected by the

          District Compassionate Committee in their meeting held on

          21.2.2023 on the ground of the brother of the petitioner being

          gainfully employed.

                      8. It is not in dispute that the brother of the petitioner

          is not in a regular Government service but was working on

          contractual basis in the Bihar Police Building Construction

          Corporation. In response to this statement made in paragraph

          no.8 of the petition, the counter affidavit of respondent no.2 in

          paragraph no.14 thereof states that the same is a matter of
Patna High Court CWJC No.4040 of 2024(5) dt.31-03-2026
                                            5/9




          record.

                      9. At this stage, it would be relevant to refer to the

          Full Bench judgment of this Court in the case of Niraj Kumar

          Mallick (supra) wherein while considering the guidelines of the

          State Government issued on 19.11.2014 wherein the letter

          no.1781 dated 10.5.2010 of the General Administration

          Department was also referred to, this Court held as follows:

                                      “47. So far as the clarification that
                         "gainfully employed" means such employment from
                         which the employed dependent of the deceased
                         Government servant may provide sustenance or can
                         maintain other dependents is concerned, it has to be
                         looked at "objectively" and not "subjectively". It is
                         not for the authority considering the application for
                         compassionate appointment to find out as to whether
                         the dependent in employment is willing to take care
                         of other dependents or not. It would not be his
                         concern that the gainfully employed sibling is
                         actually     providing        sustenance    to    the     other
                         dependents or not. Any argument that the dependent
                         in    employment         is     not   willing    to     provide
                         sustenance/maintenance to other dependents or that
                         the employed one is living separately is beyond the
                         scope and ambit of consideration under the given
                         scheme and policy of the Government and this Court
                         sitting in its writ jurisdiction under Article 226 of the
                         Constitution of India would not go into enquiring the
                         correctness of the facts so pleaded before the Court.
                         It is because the writ Court is to be conscious of the
Patna High Court CWJC No.4040 of 2024(5) dt.31-03-2026
                                            6/9




                         judicial pronouncements of the Hon'ble Apex Court
                         wherein it has been repeatedly held that a Court has
                         no power to ignore a provision to relieve what it
                         considers a distress resulting from its operation. We
                         have quoted paragraphs 10 and 11 of the judgment of
                         Asha Ramchandra Ambedkar (supra) only to remind
                         us what the Hon'ble Apex Court has held in the
                         following words;-
                                      "the Courts should endeavour to find out
                                whether a particular case in which sympathetic
                                considerations are to be weighed falls within the
                                scope of law. Disregardful of law, however hard
                                the case may be, it should never be done."
                                       48. In terms of the clarification offered by
                          the department, on receipt of information that other
                          siblings of the applicant are in employment, the
                          competent authority would be required to objectively
                          look into the nature of the employment and the
                          resources being generated by the employed sibling
                          from     such      employment.     On     an    objective
                          consideration where it is found that other sibling of
                          the applicant is gainfully employed in such an
                          employment from which he/she is in a position and
                          has capacity to provide sustenance/maintenance to
                          the    other     dependents,     the    application   for
                          appointment on compassionate ground would not fit
                          in the scheme in terms of the clarification at
                          Annexure-"A" referred above but where it is found
                          that the employment of the other sibling is of such a
                          nature that it is not generating resources so as to
                          make him able to provide both ends meet, for
                          sustenance/maintenance to the other dependents of
Patna High Court CWJC No.4040 of 2024(5) dt.31-03-2026
                                            7/9




                          the deceased Government employee and despite
                          gainful employment of one of the dependents but
                          because of his poor income from such employment
                          he is not in a position to provide two ends meet to
                          the other dependents, therefore, they are on the
                          verge of starvation, destitution and penury, the
                          authorities of the State would be liable to consider
                          the application of other dependent for appointment
                          on compassionate ground. No other plea in any form
                          whatsoever would be a ground to provide the benefit
                          of the scheme of compassionate appointment.
                                       49. In my opinion the Division Bench
                          judgment of this Court in the case of Vishal Kumar
                          (supra) followed by learned Writ Court in the case of
                          Mahabir      Paswan       (supra)   and     Jay   Prakash
                          Choudhary (supra) are laying down the correct law.
                          In none of these writ applications, the petitioners
                          have pleaded that their other siblings are in such an
                          employment by which they are unable to get
                          sufficient money so as to provide the both ends meet
                          to these petitioners, therefore, we find no error in the
                          impugned order rejecting the application of the
                          petitioner(s) on the ground that their other siblings
                          are in employment. I would, therefore approve the
                          judgment dated 22.8.2016 passed by the learned
                          Single Judge in CWJC No. 10236 of 2013 which has
                          followed the judgment of the Hon'ble Division Bench
                          in the case of Vishal Kumar (supra).
                                       50. The Letters Patent Appeal as well as
                          both the       Writ Applications     are,    accordingly,
                          dismissed. There will, however, be no order as to
                          costs.”
Patna High Court CWJC No.4040 of 2024(5) dt.31-03-2026
                                            8/9




                      10.    Taking      into     consideration   the   facts   and

          circumstances of the case and specially the ratio of the judgment

          in the case of Niraj Kumar Mallick (supra), the competent

          authority was required to objectively look into the nature of the

          employment and the resources being generated by the employed

          sibling (brother of the petitioner herein) from such employment.

                      11. On perusal of the contents of the order impugned

          as also the counter affidavit filed, the Court finds that no such

          enquiry has been made.

                      12. In view of the facts and circumstances of the case,

          the minutes of the meeting dated 21.2.2023 of the District

          Compassionate Committee brought on record as Annexure-1 to

          the writ application so far as it relates to this petitioner as also

          the following order dated 20.7.2023 of the Deputy Collector,

          Establishment, Nalanda as contained in Annexure-2 are both set

          aside.

                      13. The matter is remitted back to the District

          Compassionate Committee, Nalanda through its Chairman, the

          District Magistrate, Nalanda (respondent no.3) to consider the

          case of the petitioner in view of the Full Bench judgment in the

          case of Niraj Kumar Mallick (supra) as quoted herein above.

                      14. The matter being one relating to compassionate
            Patna High Court CWJC No.4040 of 2024(5) dt.31-03-2026
                                                        9/9




                      appointment with respect to an employee who died on

                      21.4.2021, the matter be considered and decided within a period

                      of two months from today.

                                  15. The matter be considered expeditiously and the

                      order passed be communicated to the petitioner forthwith.

                                  16. The writ application stands allowed to the above

                      extent.



                                                 (Partha Sarthy, J)
Saurabh/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.