Created by Fuzzy Cloud

Patna High Court

Rajeev RanjanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court directed that the petitioner may file a fresh representation before the District Magistrate within two weeks and that the Magistrate must dispose of it within three months, issuing a reasoned order and, if favorable, effect the compassionate appointment within four weeks.

Summary

The petitioner, Rajeev Ranjan, filed a writ petition seeking a mandamus directing the State of Bihar and its officials to consider his application for a compassionate appointment. He requested that the court order the District Magistrate, Jehanabad, to hear a fresh representation and decide within a fixed period. Both parties consented to dispose of the writ at this stage. The court granted the petitioner liberty to file a fresh representation within two weeks and directed the District Magistrate to dispose of it within three months, issuing a reasoned order. If the representation is found in the petitioner's favor, the appointment and related benefits must be granted within four weeks of the Magistrate's final order. The writ application and any pending interlocutory applications were thereby disposed.

Issues considered

  • Whether the petitioner is entitled to a writ of mandamus directing the respondents to consider his compassionate appointment.
  • Whether the court can direct the filing of a fresh representation before the District Magistrate and prescribe specific time limits for its disposal.

Subjects

  • compassionate appointment
  • writ jurisdiction
  • mandamus
  • administrative law
  • representation
  • district magistrate
  • procedural direction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.5594 of 2026
                 ======================================================
                 Rajeev Ranjan Son of Dinesh Kumar Pandey, Resident of Village and PO
                 Lakhawar, PS Ghosi, District Jehanabad, Bihar 804434.

                                                                       ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar at
                 Patna.
           2.    The Department of Education, Bihar, through the Additional Chief Secretary,
                 Govt. of Bihar at Patna.
           3.    The Additional Chief Secretary, Department of General Administration,
                 Government of Bihar at Patna.
           4.    The District Magistrate-cum-Chairman,         Compassionate Appointment
                 Committee, District Jehanabad, Bihar.
           5.    The District Education Officer, District Jehanabad, Bihar.
           6.    Deputy Development Commissioner cum Chief Executive Officer,
                 Jehanabad, Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Kislay Raj
                 For the Respondent/s   :      Mr.Government Pleader (06)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   28-04-2026                   Heard learned counsel for the petitioner and learned

                   counsel appearing for the respondent-State.

                               2. With the consent of both the parties, this writ

                   application is being disposed of at this stage itself.

                               3. In the present writ application, the petitioner has

                   prayed for the grant of following reliefs:

                                             “i. For issuance of an appropriate writ
                                  in the nature of Mandamus directing/commanding
                                  the concerned respondents to consider the case of
                                  the petitioner for compassionate appointment in
                                  light of several representations made before
Patna High Court CWJC No.5594 of 2026(2) dt.28-04-2026
                                            2/3




                          respondent nos. 5 and 6 (Annexure P-7) and upon
                          consideration of the same, further direct for
                          appointment of the petitioner on compassionate
                          ground and grant other consequential benefits for
                          the respondent no. 4 to make appointment of the
                          petitioner on compassionate ground and grant
                          other consequential benefits for which the
                          petitioner is entitled to in accordance with law.
                                     ii. For issuance of any other appropriate
                          writ/writs, order/orders, direction/directions for
                          which the writ petitioner is entitled under the facts
                          and circumstances of the case.”

                        4. After advancing some argument, learned counsel

          for the petitioner submits that for seeking the aforesaid reliefs,

          the petitioner may be permitted to file a fresh representation

          before the District Magistrate, Jehanabad, Bihar (respondent no.

          4) and he further prays that if such a representation is filed by

          the petitioner, the same may be directed to be disposed within a

          fixed time frame, after giving an opportunity of hearing to the

          petitioner.

                        5. To the aforesaid submission being made by learned

          counsel for the petitioner, learned counsel appearing for the

          respondent-State does not have any objection.

                        6. Considering the limited nature of prayer being

          made by learned counsel for the petitioner, this writ application

          is disposed of granting liberty to the petitioner to file a fresh

          representation before the District Magistrate, Jehanabad, Bihar
           Patna High Court CWJC No.5594 of 2026(2) dt.28-04-2026
                                                       3/3




                     (respondent no. 4) within two weeks from today and if such a

                     representation is filed within the stipulated time, the same shall

                     be heard and disposed of by the District Magistrate, Jehanabad,

                     Bihar (respondent no. 4) within a period of three months from

                     the date of receipt of the representation, after giving an

                     opportunity of hearing to the petitioner.

                                 7. Needless to emphasize that the final order which

                     shall be passed by the District Magistrate, Jehanabad, Bihar

                     (respondent no. 4) should be a reasoned and speaking order. In

                     case, the petitioner is found entitled to the relief which the

                     petitioner would be claiming through the representation, the

                     same should be extended to the petitioner within a further period

                     of four weeks from the date of passing of the final order by the

                     District Magistrate, Jehanabad, Bihar (respondent no. 4).

                                 8. With the aforesaid observation/direction and liberty

                     granted, this writ application is disposed of. All pending

                     interlocutory application(s), if any, shall also be deemed to have

                     been disposed of.



                                             (Alok Kumar Sinha, J)
kundan/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.