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Patna High Court

Seema SinghversusThe District Board, Siwan Through Its Executive Officer and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The petition is dismissed for non‑prosecution.

Summary

Seema Singh filed a writ petition seeking a mandamus directing the Siwan District Board to appoint her to a post on compassionate grounds following her father's death in service. She also sought to set aside the Board’s refusal communicated in a letter dated 09/11/2016. No counsel appeared for the petitioner, and the respondent was represented by Advocate Nikesh Kumar. The court noted the petitioner’s non‑appearance on two occasions and held that the petition could not proceed. Consequently, the petition was dismissed for non‑prosecution.

Issues considered

  • What is the appropriate remedy for a claim of compassionate appointment under the district board’s recruitment rules?
  • Can a writ of mandamus be issued when the petitioner fails to appear and prosecute the petition?

Subjects

  • compassionate appointment
  • mandamus
  • non‑prosecution
  • writ jurisdiction
  • district board

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.4571 of 2017
                 ======================================================
                 Seema Singh D/o Late Rameshwar Singh, W/o Late Abhishek Kumar, r/o
                 Chhotaki Ghurapali, P.S. Rasalpur, District- Saran presently r/o District Board
                 Colony, Siwan, P.S. Siwan, District- Siwan.

                                                                               ... ... Petitioner/s
                                                       Versus

           1.    The District Board, Siwan Through Its Executive Officer.
           2.    The Chairman, District Board, Siwan.
           3.    The Executive Officer, District Board, Siwan.
           4.    The Deputy Development Commissioner, Siwan.
           5.    The District Magistrate- cum-Collector, Siwan.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       None
                 For the Respondent/s     :       Mr. Nikesh Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

7   20-01-2026                 1. No one appears on behalf of the petitioner. Learned

                   counsel for the respondents is present.

                               2. The petitioner has filed the instant application for

                   the following reliefs :-

                                                   “i. For issuance of a writ in the
                                        nature of mandamus or a writ of mandamus or
                                        any other writ of the like nature thereby directing
                                        the respondent authorities to appoint the
                                        petitioner on appropriate post on the basis of
                                        compassionate appointment against the death of
                                        her father who died in harness on 18/04/2004
                                        from the post of Assistant Engineer appointed
                                        with the respondent Board.
                                                   ii. For issuance of a writ in the nature
            Patna High Court CWJC No.4571 of 2017(7) dt.20-01-2026
                                                        2/2




                                         of mandamus or a writ of mandamus or any
                                         other writ of the like nature thereby directing the
                                         respondent authorities not to give effect to the
                                         decision of the respondents as communicated to
                                         the petitioner through the communication as
                                         contained in Letter No. 586 dated 09/11/2016
                                         (Annexure P/8) whereby the claim of the
                                         petitioner for appointment on compassionate
                                         basis has been rejected.
                                                     iii. For any other relief which this
                                         Hon'ble Court may deem appropriate in light of
                                         the facts of this case.”

                                  3. No one appeared on behalf of the petitioner on

                      8.7.2025 also.

                                  4. The case is dismissed for non-prosecution.



                                                     (Partha Sarthy, J)
avinash/-

U


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