Patna High Court
Seema SinghversusThe District Board, Siwan Through Its Executive Officer and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- PARTHA SARTHY
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
Checking your session…