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Patna High Court

Kamlesh YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

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
                                            2/3




                               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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