Patna High Court
Renu KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The petitioner must file a fresh application in the prescribed format before the Superintendent of Police, and the respondents must consider it within three months.
Summary
Petitioner Renu Kumari, a widow of a Junior Sub‑Inspector who died in service, filed a writ petition seeking a compassionate appointment as a third‑grade clerk in the Bihar state service. She had earlier applied for such appointment to the Superintendent of Police, Motihari, but the application was not considered. The High Court examined whether the petitioner could be directly appointed without complying with procedural requirements. The Court held that the petitioner must file a fresh application in the prescribed format before the Superintendent of Police, East Champaran, and that the respondents must consider it within three months. Accordingly, the writ petition was disposed with directions for the petitioner to re‑apply and for the authorities to decide promptly.
Issues considered
- What procedural steps must a petitioner follow to obtain a compassionate appointment in the state service after the death of a police officer spouse?
Subjects
- compassionate appointment
- state service
- widow's rights
- police service
- writ jurisdiction
- procedural compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4145 of 2026
======================================================
Renu Kumari W/o Late Anand Kumar, resident of village- Nahub, P.O.-
Nahub, P.S.- Rajgir, District- Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, General and
Administrative Department, Government of Bihar, Patna.
2. The Principal Secretary, Home Department, Govt. of Bihar, Patna.
3. The Deputy Inspector General , East and West Champaran, Range- Betia and
Motihari, District- West Champaran, Bihar.
4. The Superintendent of Police, East Champaran.
5. The Officer-in-Charge, Town Thana (Police Station), District- Motihari.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shambhu Sharan Singh
For the Respondent/s : Mr.Manoj Kumar Ambastha, SC 26
Mr. Santosh Kumar Mishra, AC to SC 26
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 24-03-2026 1. 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 direction/order to the respondent authority
concern to appoint the petitioner at third grade
employee (clerk)/other part on compassionate
appointment basis since her hsuband Anand
Kumar was died in duty at Motihari Town Thana
as Junior Sub Inspector (JSI) during treatment at
Medanta Hospital, Patna on 09.03.2025 and
being a class one successor of the diseased
employee and nominee in service record. The
Patna High Court CWJC No.4145 of 2026(2) dt.24-03-2026
2/3
petitioner is entitled to get appointed in the State
Service under Government
of Bihar.
(ii) For the consequential relief/reliefs to the
petitioner from the date of claim and
appointment on compassionate basis.
(iii) For other relief/reliefs as your lordships
may deem fit and proper in the ends of justice.”
3. It is the case of the petitioner that while her
husband was posted as Junior Sub-Inspector at Motihari Town
Thana, he fell ill and died in harness on 9.3.2025. Not having
any source of income, the petitioner filed an application for her
appointment on compassionate ground on 22.1.2026 before the
Superintendent of Police, Motihari, however neither her
application for compassionate appointment having been
considered by the respondents nor the petitioner having been
appointed, she has moved this Court for the reliefs as stated
hereinabove.
4. Having heard learned counsel for the parties and
having perused the contents of the petition, the instant
application is disposed of directing the petitioner to file a fresh
application for her appointment on compassionate ground in the
prescribed format (if any) before the Superintendent of Police,
East Champaran (respondent no.4)/ Compassionate
Patna High Court CWJC No.4145 of 2026(2) dt.24-03-2026
3/3
Appointment Committee within a period of four weeks along
with the copy of this order.
5. On filing the application, respondents concerned
shall consider the same in accordance with law at the earliest
and pass appropriate orders thereon within a period of three
months from the date of receipt of a copy of the representation
along with the copy of the order.
6. The writ application stands disposed of with the
above observations and directions.
(Partha Sarthy, J)
Bibhash
U
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