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Patna High Court

Renu KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

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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