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Patna High Court

Manoj Kumar RautversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The petition is dismissed as the claimant is not entitled to a compassionate appointment due to delay and lack of a contemporaneous application.

Summary

The petitioner, Manoj Kumar Raut, sought a compassionate appointment as a sweeper after his father, a sweeper in the Zila Parishad, died in harness in 2010. Although the petitioner later obtained matriculation and filed representations in 2021 and 2022, no appointment was made. The respondents argued that the father was only 8th pass at death, no application was made at the relevant time, and the petitioner’s claim is barred by delay and laches. The Court examined Supreme Court precedents that compassionate appointments are intended to relieve immediate hardship and are not a vested right that can be claimed after a long lapse. Relying on Jagdish Prasad, Umesh Kumar Nagpal, and Local Administration Department judgments, as well as its own earlier decision in Janki Ballabh, the Court held that the petitioner’s claim is untenable. Consequently, the writ petition was dismissed.

Issues considered

  • Whether a dependent of a deceased government employee is eligible for a compassionate appointment after a prolonged delay.
  • Whether the absence of an application at the time of death bars a later claim for compassionate appointment.
  • Whether compassionate appointment constitutes a vested right enforceable after the immediate financial crisis has passed.

Subjects

  • compassionate appointment
  • compassionate employment
  • delay
  • laches
  • dependent of deceased employee
  • public service recruitment
  • constitutional equality
  • service law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.5387 of 2026
                 ======================================================
                 Manoj Kumar Raut Son of Late Mahendra Raut, Resident of Village-
                 Kalyanpur Basti, Dakangala, P.S.-Mohiuddin Nagar, District-Samastipur.

                                                                       ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through Additional Chief Secretary, Panchayati Raj
                 Department, Government of Bihar, Patna.
           2.    The District Magistrate, Samastipur.
           3.    The Deputy Development Commissioner-chief-Executive Officer, Jila
                 Parishad, Samastipur.
           4.    The Executive Officer, Jila Parishad, Samastipur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner     :      Mr. Amit Kumar, Advocate
                 For the State          :      Md. Kamil Akhtar, A.C. to A.A.G.5
                 For Res. Nos.3 & 4     :      Mr. Pramod Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   15-04-2026                 Heard the learned counsel for the parties.

                               2. The present writ petition has been filed for the

                   following reliefs:

                               “(A) To issuance of an appropriate writ in the nature

                   of mandamus for directing the respondent to appoint the

                   petitioner on compassionate ground as father of the petitioner

                   was died on 23.02.2010, which is within his service tenure.

                               (B) To direct the respondent concern to confirm the

                   permanent appoint the petitioner on the compassionate ground at

                   the post of sweeper as the father of the petitioner was dead on

                   the time period of his service i.e. on 23.02.2010.”
Patna High Court CWJC No.5387 of 2026(2) dt.15-04-2026
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                      3. The brief facts, giving rise to the present writ

          petition, are that the father of the petitioner died in harness on

          23.02.2010, while working as a Sweeper in the Zila Parishad

          Dak Bungalow in Mohiuddin Nagar, Samastipur. At the time of

          death of his father, the petitioner was 8 th pass and he submitted

          an affidavit before the authorities concerned to the effect that he

          is the only son of the deceased employee, but no decision was

          taken by the authorities concerned for making appointment on

          compassionate basis. The petitioner obtained qualification of

          matriculation from Bihar Sanskrit Shiksha Board, Patna in the

          year 2021 and then submitted a representation on 31.07.2021

          before the D.D.C.-cum-Chief Executive Officer, Zila Parishad,

          Samastipur for his appointment on compassionate ground and

          again submitted a representation on 04.09.2022 before the

          Principal Secretary, Panchayati Raj Department, Government of

          Bihar, Patna for his appointment on compassionate ground, but

          no decision was taken on the said representations.

                      4. The learned counsel for the petitioner submits that

          although the father of the petitioner died on 23.02.2010, but till

          date, he has not been appointed on compassionate ground,

          despite his fulfilling all the requisite qualifications including

          submitting his application before the authorities concerned.
Patna High Court CWJC No.5387 of 2026(2) dt.15-04-2026
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                      5. Per contra, the learned counsel appearing on behalf

          of the Zila Parishad and the State submit that the father of the

          petitioner died on 23.02.2010 and at the relevant time, he was 8 th

          pass, therefore, there was no question of making any

          appointment on compassionate ground and even not a single chit

          of paper has been brought on record to suggest that he had ever

          applied before the competent authority for making appointment

          on compassionate ground. Subsequently, the petitioner passed

          matriculation from Bihar Sanskrit Shiksha Board, Patna in 2021

          and even after passing the said examination, he has not

          submitted any application in the prescribed format for being

          appointed on compassionate ground.

                      6. Having heard the learned counsel for the parties

          and after going through the records, it appears that the father of

          the petitioner died in harness on 23.02.2010 and at the time of

          his death, he was 8th pass, and he even did not make any

          application for making appointment on compassionate ground.

          Subsequently, he is said to have acquired the qualification of

          matriculation in the year 2021 and he filed a representation

          before the authorities concerned and now in 2026 has filed the

          present writ petition for a direction upon the authorities to take

          decision on his representation for making appointment on
Patna High Court CWJC No.5387 of 2026(2) dt.15-04-2026
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          compassionate ground. The law in this regard is very much

          clear. The Hon’ble Supreme Court of India in the case of

          Jagdish Prasad Versus State of Bihar and Another, reported

          in (1996) 1 SCC 301, in paragraph no.3 has held that “the very

          object of appointment of a dependent of the deceased employee

          who die in harness is to relieve unexpected immediate hardship

          and distress caused to the family by sudden demise of the

          earning member of the family. Since the death occurred way

          back in 1971, in which year the appellant was four years old, it

          cannot be said that he is entitled to be appointed after he

          attained majority long thereafter. In other words, if that

          contention is accepted, it amounts to another mode of

          recruitment of the dependent of a deceased government servant

          which cannot be encouraged, de hors the recruitment rules.”

                      7. The Hon’ble Supreme Court of India in the case of

          Umesh Kumar Nagpal Versus State of Haryana and Others,

          reported in (1994) 4 SCC 138, in paragraph no.6 has held as

          follows:-

                                               “6.   For   these   very   reasons,   the
                                  compassionate employment cannot be granted after
                                  a lapse of a reasonable period which must be
                                  specified in the rules. The consideration for such
                                  employment is not a vested right which can be
                                  exercised at any time in future. The object being to
                                  enable the family to get over the financial crisis
Patna High Court CWJC No.5387 of 2026(2) dt.15-04-2026
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                                  which it faces at the time of the death of the sole
                                  breadwinner, the compassionate employment cannot
                                  be claimed and offered whatever the lapse of time
                                  and after the crisis is over”
                      8. The Hon’ble Supreme Court of India in the case of

          Local Administration Department and Another versus M.

          Selvanayagam @ Kumaravelu, reported in (2011) 13 SCC

          42, in paragraph no.11 has held as follows:-

                                               “11. It has been said a number of times
                                  earlier but it needs to be recalled here that under the
                                  scheme of compassionate appointment, in case of an
                                  employee dying in harness one of his eligible
                                  dependants is given a job with the sole objective to
                                  provide immediate succour to the family which may
                                  suddenly find itself in dire straits as a result of the
                                  death of the breadwinner. An appointment made
                                  many years after the death of the employee or
                                  without due consideration of the financial resources
                                  available to his/her dependants and the financial
                                  deprivation caused to the dependants as a result of
                                  his death, simply because the claimant happened to
                                  be one of the dependants of the deceased employee
                                  would be directly in conflict with Articles 14 and 16
                                  of the Constitution and hence, quite bad and illegal.
                                  In    dealing    with    cases    of   compassionate
                                  appointment, it is imperative to keep this vital aspect
                                  in mind.”
                      9. Even this Court, based on the consideration of the

          Hon’ble Supreme Court of India in the case of Jagdish Prasad

          (supra), vide its judgment dated 09.02.2026 passed in C.W.J.C.

          No. 5750 of 2022 (Janki Ballabh Versus the State of Bihar
               Patna High Court CWJC No.5387 of 2026(2) dt.15-04-2026
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                         and Ors.), has proceeded to reject the claim of the petitioner on

                         the ground of delay and laches.

                                     10. Accordingly, I find no merit in the present writ

                         petition and the same is dismissed.

                                     11. Pending application(s), if any, shall also stand

                         disposed of.


                                                    (Ritesh Kumar, J.)

Sanjay/-

U          T


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