Patna High Court
Rajeev RanjanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
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
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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
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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
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(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
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