Patna High Court
Usha Devi @ Usha Kumara DeviversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
A compassionate appointment cannot be granted because the petitioner’s mother was not in government service at the time of her death.
Summary
The petitioner, Usha Devi, sought a compassionate appointment and pending benefits as the daughter of her deceased mother, who had been a Mahila Kaksh Sevika in a Bihar referral hospital. The mother had been appointed, terminated, reinstated through earlier writ petitions, and finally terminated again in 2004, dying in 2019 while not in service. The petitioner filed representations for a compassionate appointment after her mother’s death, but the State argued that the mother’s service had already been terminated, making her ineligible for such relief. The Court examined the termination order dated 01‑07‑2004 and concluded that the mother was not a government employee at the time of death. Consequently, the Court held that a compassionate appointment could not be granted and dismissed the writ petition.
Issues considered
- Whether the petitioner is entitled to a compassionate appointment as the daughter of a deceased employee who was not in service at the time of death.
- Whether the petitioner can claim arrears or other benefits of the deceased employee.
- Whether the Court can direct the appointment despite the termination of the mother’s service.
Subjects
- compassionate appointment
- government service termination
- civil writ jurisdiction
- service regularisation
- arrears of pay
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.44 of 2025
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Usha Devi @ Usha Kumara Devi wife of Surendra prasad resident of village-
Jadopur bazar, P.O.- Jadopur Sukul, P.S.- Jadopur, District- Gopalganj
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Health Department,
Govt. of Bihar at Patna
2. The Director-in-Chief, Health Services, Govt. of Bihar at Patna.
3. The Regional Sub-Director, Health Services, Saran Division at Chhapra
4. The District Magistrate, Gopalganj, Bihar
5. The Civil Surgeon-cum-Chief Medical Officer, Gopalganj, Bihar
6. The Additional Chief Medical Officer, Gopalganj, Bihar
7. The Block Development Officer, Phulwariya, Gopalganj
8. The Medical Superintendent, Referral Hospital, Phulwariya, Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Advocate
For the Respondent/s : Mr. Advocate General
Mr. Sanjiv Kumar, AC to AG
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 10-03-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed for the
following reliefs:-
“(i) For issuance of writ by
directing the respondent authority regarding
the compassionate appointment of the
present petitioner on behalf of Mahila Kaksh
Sevika/Fourth grade employee in Referral
Hospital, Phulwariya, Gopalganj namely
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Urmila Devi who died during the course of
employment where the present petitioner is
the daughter of the deceased.
(ii) For directing the respondent
department/authority to release the payment
is due, arrear or any benefits to the
petitioner which is pending regarding the
employee namely Urmila Devi who died
during the course of employment.
(iii) For pass such other
order/orders, writ/writs, direction/directions
on behalf of present petitioner for the
interest of justice.”
3. Learned counsel for the petitioner submits that the
mother of the petitioner was appointed as Sanchalika on
30.03.1989 by Gyapank No. 34 issued by the Block
Development Officer, Gopalganj. Counsel further submits that
thereafter the mother of the petitioner was appointed as Mahila
Kaksh Sevika in Referral Hospital, Phulwariya, Gopalganj. She
worked up to 2001 in Marachiya Devi Referral Hospital,
Phulwariya, and subsequently, on 14.04.2001, she was directed
to be terminated. Counsel further submits that upon termination
she filed a CWJC, namely CWJC No. 11100 of 2001, in which,
vide order dated 15.10.2001, she was allowed to continue to
work on a Class-IV post in Referral Hospital, Phulwariya with
all her benefits. Counsel further submits that the mother of the
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petitioner subsequently moved before this Court in CWJC No.
3403 of 2005, in result the mother of the petitioner was
reinstated in service, however, her arrears of payment could not
be made. Subsequently, the mother of the petitioner died on
08.08.2019. Thereafter, the petitioner filed a representation
before the District Magistrate, Gopalganj on 20.09.2022 for
appointment on compassionate grounds. Correspondence has
also been made from the office of the District Magistrate,
Gopalganj to the petitioner. Further representations have also
been filed, but no action has been taken. Therefore, the
petitioner has filed the present writ petition.
4. Learned counsel for the State, on the other hand,
submits that the specific stand of the State is that the petitioner’s
mother filed a writ petition bearing CWJC No. 3921 of 1994 for
regularization of her service, but this Hon’ble Court refused to
issue a mandamus to regularize the services of the petitioner’s
mother or to make payment on the principle of equal pay for
equal work. It has further been submitted that the Director-in-
Chief, Health Services, Government of Bihar, Patna informed
the Civil Surgeon, Gopalganj that in pursuance of the order
dated 09.01.1995 passed in CWJC No. 4941 of 1995, 13
workers were appointed by the Civil Surgeon, Gopalganj on
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Class-III and Class-IV posts, considering that the cases of the
said 13 voluntary workers were similar to the case of Shankar
Prasad Gupta decided in CWJC No. 4941 of 1995. However, the
said workers were subsequently terminated as the appointments
were found to be illegal. Show cause notices were issued in the
year 2004 against the mother of the petitioner. A reply was filed,
but the termination order was confirmed vide Memo No. 1774
dated 01.07.2004.
5. Counsel for the State has taken a specific stand that
after the said order, the mother of the petitioner was never
appointed and she subsequently died on 08.08.2019. After three
years of her death, the present petitioner filed an application
before the District Magistrate, Gopalganj for compassionate
appointment. Counsel for the State has further taken the specific
stand that at the time of the death of the petitioner’s mother, she
was not in service, as her service had already been terminated
vide order dated 01.07.2004, vide Memo No. 1774. Due to this
reason, the case of the petitioner has not been found fit for
compassionate appointment.
6. After hearing the parties, it transpires to this Court
that in light of the specific stand of the State that at the time of
death, i.e., in the year 2019, the petitioner’s mother was not in
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Government service and, as such, the relief of compassionate
appointment cannot be granted to the petitioner.
7. Accordingly, in view of the above directions and
observations, the present writ petition stands dismissed.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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