Patna High Court
Kamlesh YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
The Court held that the rule applicable at the time of the father's death governs eligibility, and therefore the petition for compassionate appointment was dismissed.
Summary
Petitioner Kamlesh Yadav, son of the late Chowkidar Vasudev Yadav who died in service on 29-11-2020, applied for a compassionate appointment but was rejected because he was 11 months and 1 day over the stipulated 40‑year age limit. He argued that the Compassionate Appointment Scheme‑2022 (Government of India) and the 2023 Bihar scheme permit age relaxation, which the authorities failed to consider. The State contended that the rules in force at the time of his father's death should govern eligibility. The Court examined the submissions and held that the applicable rule at the date of death controls the appointment criteria. Consequently, the Court found no merit in granting the writs of certiorari or mandamus and dismissed the petition.
Issues considered
- Whether the rejection of the compassionate appointment on age grounds violates the provisions of the Compassionate Appointment Scheme‑2022 and the 2023 Bihar scheme allowing age relaxation.
- Whether the rule applicable at the time of the deceased father's death governs the eligibility for compassionate appointment.
- Whether the petitioner is entitled to a writ of certiorari or mandamus directing the appointment.
Subjects
- compassionate appointment
- age limit
- certiorari
- mandamus
- government service
- eligibility criteria
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4626 of 2026
======================================================
Kamlesh Yadav Son of Late Vasudev Yadav, Resident of Village- Kundla,
Post Office- Rajauli, Police Station- Rajauli, Circle- Rajauli, District-Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Home
(Police), Govt. of Bihar, Patna.
2. The District Officer -Cum- Chairman District Compassionate Committee,
Nawada.
3. The Superintendent of Police, Nawada.
4. The Deputy Development Commissioner, Nawada.
5. The Sub Divisional Officer, Rajauli, Nawada.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the State : Mr. Manoj Kumar Ambastha (SC-26)
Mr. Divit Vinod, (AC to SC-26)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 30-03-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed for the
following relief/s:-
“I. For issuance of writ in the nature of
certiorari for quashing the order dated
17.03.2025 passed in Memo No. 05/Mu/Sa
dated 17.03.2025 issued under sign and
signature of District Officer, Nawada, whereby
and where under application for
compassionate appointment of Kamlesh
Prasad @ Kamlesh Yadav (Petitioner) dated
02.12.2023 has been rejected in place of his
deceased father Late Vasudev Yadav who died
on 29.11.2020 in the period of his service at
Patna High Court CWJC No.4626 of 2026(2) dt.30-03-2026
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the post of Chaukidar in the Circle Office,
Akbarpur, Nawada.
II. For issuance of a writ in the nature of
Mandamus for commanding and directing the
respondent authority to make compassionate
appointment of the petitioner on the post of the
deceased father Late Vasudev Yadav,
Chaukidar under Circle Office, Akbarpur,
Nawada who died during his service on
29.11.2020.
III. For issuance of writ/writs,
direction/directions, order/ orders for which
the petitioner found entitled.”
3. Learned counsel for the petitioner submits that the
petitioner's father joined the service on the post of Chowkidar
on 01.01.1990 under the Circle Officer, Akbarpur, Nawada and
died on 29.11.2020 during his service period. Counsel submits
that after the death of the petitioner’s father, the petitioner, being
his son, applied for compassionate appointment. However, the
District Compassionate Appointment Committee, Nawada did
not considered his case on the ground that he exceeded the
maximum age limit of 40 years by 11 months and 1 day. He
further submits that there is a provision in the Compassionate
Appointment Scheme-2022 (Government of India) that
relaxation on upper age if necessary, may be given. He further
Patna High Court CWJC No.4626 of 2026(2) dt.30-03-2026
3/3
submits that the Compassionate Appointment Scheme-2023
(Government of Bihar) also made scheme for relaxation of age,
which has not been considered by the department.
4. Learned counsel for the State, on the other hand,
raised objection and submits that admittedly, the petitioner's
father died on 29.11.2020 and the death certificate was obtained
on 15.12.2020. Therefore, the rule prevailing at the time of
death of petitioner's father is applicable to the petitioner.
5. After hearing the parties, it transpires to this Court
that there is subsistence in the argument of learned counsel for
the State that rules governing the compassionate appointment,
as applicable on the date of death of the petitioner’s father, shall
apply to the petitioner.
6. Hence, in this background, this Court is not
inclined to grant any relief to the petitioner. Accordingly, this
writ petition stands dismissed.
(Dr. Anshuman, J)
Divyansh/-
U
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