Patna High Court
Janki BallabhversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RITESH KUMAR
Holding
The petitioner is not entitled to a compassionate appointment as the application was filed beyond the permissible period and the death did not create immediate hardship warranting such appointment.
Summary
The petitioner sought a compassionate appointment to a Group D post in the Bihar Road Construction Department, claiming entitlement because his father, a Junior Engineer, died in harness on 30‑06‑2009 and his mother had applied for such appointment within five years of the death. The mother’s application, dated 25‑11‑2013, received no decision, and the petitioner later applied on 20‑10‑2016, which was rejected on the ground that it was beyond the five‑year period. The petitioner argued that the earlier application by his mother satisfied the time limit and that he should be appointed after attaining majority. The respondents contended that the five‑year rule applies to the applicant themselves and that the death occurred long ago, so no immediate hardship justified a later appointment. The court held that compassionate appointments are intended to relieve immediate hardship and cannot be used as a delayed recruitment mechanism; consequently, the petitioner was not eligible. The writ petition was therefore dismissed.
Issues considered
- Whether the petitioner is eligible for compassionate appointment when the application is filed beyond five years from the deceased employee's death.
- Whether an application filed by the deceased employee's spouse within five years confers eligibility on the dependent who applies later.
- Whether the purpose of compassionate appointment permits appointment after a long lapse and after the dependent attains majority.
Subjects
- compassionate appointment
- Group D post
- government recruitment rules
- death in harness
- five-year rule
- dependent eligibility
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No 5750 of 2022
======================================================
Janki Ballabh S/o-Late Ram Gulam Ram R/o-Vill-Barri, P.O.-Barri, P.S.-
Benipatti, District-Madhubani
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Road
Construction Department, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Road Construction Department, Govt. of
Bihar, Patna.
3. The Engineer-in-Chief, Road Construction Department, Patna.
4. The Chief Engineer, Road Construction Department, Patna.
5. The Superintending Engineer, Road Construction Department, East Bihar
Circle, Bhagalpur.
6. The Executive Engineer, Road Construction Department, Bhagalpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : M/s Rajeev Kr Singh, Prabjhot Singh, Harsh Raj,
Advocates
For the Respondent/s : Ms Puspanjali Sharma, AC to SC XX
======================================================
CORAM: HONOURABLE MR JUSTICE RITESH KUMAR
ORAL JUDGMENT
Date : 09-02-2026
Heard the parties.
2 The present writ petition has been filed for
commanding the respondents to appoint the petitioner on Group D
post on compassionate ground in Road Construction Department,
Government of Bihar.
3 The learned counsel for the petitioner submits that the
father of the petitioner was working as a Junior Engineer, after his
appointment on 24.10.1983 and died in harness on 30.06.2009. He
Patna High Court CWJC No.5750 of 2022 dt.09-02-2026
2/6
left behind two wives, one daughter and three sons. It has further
been submitted that the first wife of the late father of the petitioner
also died on 07.04.2010, i e after nine months of the death of the
father of the petitioner. In the year 2013, the mother of the
petitioner, i e the second wife, applied for compassionate
appointment by submitting her application before the Executive
Engineer, Road Construction Department, Banka along with all the
relevant documents. The application of the mother of the
petitioner was forwarded on 27.12.2014 to the Superintending
Engineer, Road Construction Department, East Bihar Circle,
Bhagalpur for consideration and taking appropriate decision. The
mother of the petitioner became ill and, therefore, she gave an
application to the Executive Engineer, Road Division, Banka on
20.10.2016 for consideration and appointment of the petitioner on
compassionate ground, since the petitioner became major and
eligible for consideration for appointment. The petitioner
submitted his application for appointment on compassionate
ground in November, 2016, but the same was rejected vide Letter
No 38 dated 14.01.2017 by the Superintending Engineer, Road
Construction Department, East Bihar Circle, Bhagalpur on the
ground that as the application of the petitioner is not within five
years from the date of death of the employee, therefore he cannot
Patna High Court CWJC No.5750 of 2022 dt.09-02-2026
3/6
be appointed on compassionate ground. The petitioner, left with
no other option filed the present writ petition in 2022.
4 It is submitted by the learned counsel for the petitioner
that the respondent-authorities, without considering the fact that
the mother of the petitioner had filed the application for
compassionate appointment on 25.11.2013, i e within five years of
the death of the father of the petitioner, erroneously rejected the
case of the petitioner by stating therein that the same is not within
the period of five years, since as per their understanding, the same
was filed on 25.11.2014, which is incorrect and the same appears
from Annexure A to the counter affidavit filed on behalf of
respondents No 4 to 6. It has been submitted that since the
application by the mother of the petitioner was within the period of
five years, therefore, the petitioner is entitled for being appointed
on compassionate ground.
5 A counter affidavit has been filed on behalf of
respondents No 4 to 6 wherein it has been stated that vide
Resolution No 2937 dated 31.03.2011, the Finance Department,
Government of Bihar resolved that minimum educational
qualification for appointment on Group D post would be 10 th pass.
However, vide Letter No 282 dated 08.01.2013, the General
Administration Department, Government of Bihar, Patna gave
Patna High Court CWJC No.5750 of 2022 dt.09-02-2026
4/6
exemption from passing 10th examination to those candidates
whose application for appointment, including compassionate
appointment, was pending on or before 31.03.2011. It has further
been averred in the counter affidavit that while application
submitted by the mother of the petitioner was being scrutinized, it
was noticed from her educational qualification that she passed the
9th class when she was only 10 years, 2 months and 18 days old,
which created suspicion, therefore vide Letter No 554 (we) dated
14.07.2016, the Executive Engineer, Road Division, Banka was
directed to enquire into the matter. The petitioner, for the first
time, submitted his application for appointment on compassionate
ground on 20.10.2016 wherein a request was made to cancel the
earlier application filed by his mother and grant the benefit of
compassionate appointment to him. It has further been contended
on behalf of the State-respondents that at the time of death of his
father, the petitioner was minor and only after becoming major, he
filed the application for appointment on compassionate ground on
20.10.2016, but the same was rejected since the death of the father
of the petitioner happened on 30.06.2009 and the application for
compassionate appointment was submitted on 20.10.2016, which
is beyond the period of five years from the date of death of the
employee as has been provided vide Letter No 2822 dated
Patna High Court CWJC No.5750 of 2022 dt.09-02-2026
5/6
27.04.1995 issued by the General Administration Department,
Government of Bihar, Patna, therefore, the case of the petitioner
was not considered.
6 From the arguments advanced on behalf of the learned
counsel for the parties and the documents available on record, I
find that admittedly, the father of the petitioner died on 30.06.2009
and the mother of the petitioner submitted an application on
25.11.2013, but somehow or the other, no decision was taken on
the same by the respondent-authorities. Finally, the petitioner
gave his application for compassionate appointment on
20.10.2016, upon which a decision was taken by the respondent-
authorities on 14.01.2017 but the petitioner chose not to agitate the
matter and finally filed the present writ petition on 15.04.2022 i e
after a delay of almost 5 years.
7 The law is very much clear in this regard that the very
object of giving compassionate appointment to a dependent of the
deceased employee, who dies in harness, is to relieve unexpected
immediate hardship and distress caused to the family by the
sudden demise of the earning member of the family. Since, in the
present case, the death occurred way back on 30.06.2009 in which
year, the petitioner was 12 years of age, it cannot be said that he is
entitled to be appointed after he attained majority long thereafter.
Patna High Court CWJC No.5750 of 2022 dt.09-02-2026
6/6
In other words, if the 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 Riles.
8 Accordingly, I do not find any merit in the present writ
petition and the same is dismissed.
(Ritesh Kumar, J)
M.E.H./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 11.02.2026
Transmission Date NA
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.